Study Of The Definition Of Abusing Dominant Position In Market

Prohibition of abuse of dominant market position, concentration of undertakings and monopoly agreements constitute three major institutional foundation of anti-monopoly law. Since China passed "Antitrust Law of the People’s Republic of China (Antitrust Law for short)" in August 30,2007, China has made unremitting endeavor in these three aspects in order to create a better environment for efficient and fair market competition which is favorable for stepping closer to a harmonious society.However, in the course of the implementation of "Antitrust Law", lots of cases for concentration of undertakings and monopoly agreements were identified, but the identification of abuse of dominant market position is relatively difficult. The identification of market dominance is the premise of identifying abusing dominant market status and concentration of undertakings, but our practice is not mature. Without a strict scientific standards for the identification, plaintiffs lost their lawsuits for not identifying dominant market position.Enterprises have a natural demand to expand and seize market share. If enterprises with a big scale of market share abuse their "power", it will bring harm to the market economy and national interests. On the one hand, it will put other small and medium-sized enterprise down which goes against fair competition in the market and reasonable adjustment for the industrial structure and improvement of production efficiency, affecting the healthy development of national economy; on the other hand, it can affect consumers’free choice which cause serious damage to the interests of consumers.Therefore, in order to prevent the adverse effects of abuse of dominant market position, countries across the world are actively trying to prevent this kind of illegal act and accurately punishing it in both rules and regulations and law enforcement. At the same time, how to determine abusing dominant market position is very important. By the comparative study of other countries and combined with economics, this paper, with an eye to current situation of abuse of dominant market position in China, does further research on the definition of abusing dominant position in market which are hoped to be beneficial to relevant rules and regulations in China. In addition to the introduction and conclusion, this paper consists of four parts as follows:Part Ⅰ:The relevant market in anti-monopoly law is clearly introduced.Part Ⅱ:Based on the difference between traditional market and network market, generally considered factors at home and abroad for determination of dominant market position are systematically summed up with a principle of seek common ground while reserving differences at home and abroad in order to make these factors representative and universal.Part Ⅲ:Manifestation on abuse dominant market position of Chinese enterprises are summarized and integrated including high pricing, predatory pricing, refusal to deal, forced transaction, tying, discriminatory behavior, combining cases across the world to make further clarification and point out some problems. Besides, several exemptions are also analyzed.Part Ⅳ:The antitrust principle "rule of reason" is elaborated. Through the analysis of generation process, meaning and use of this principle, combined with the usage of it in the act of abuse of dominant market position in US and EU, the conclusion of China should use it in cases on abusing of dominant market position is further reached.