Analysis On The Case Of The Abuse Of Market Dominant Position By Pizhou Tobacco Company

The tobacco industry is a monopoly industry, which is related to the lifeline of the national economy. All levels of tobacco companies occupy the dominant position in the tobacco market in their own jurisdiction. It has dispute that whether or not apply the Anti monopoly for the article seventh of "anti monopoly law", which prescribe that the industries of the State owned economy occupies the control position which is related to the lifeline of the national economy and national security and other industries monopolize according to law. The case of abuse of market dominance position by Pizhou Tobacco Company also related to this issue, but from the perspective of economics and antitrust, it is not necessarily excluded competition when someone occupy the market dominant position. There is fierce competition in the tobacco industry in all aspects of production and operation now, if the competition is further introduced, the output will be increased and will be having a detrimental effect on tobacco industry, and still will be impaired the overall welfare of the society, so it should be maintained the tobacco industry’s monopoly position at the present stage. Thus, from the perspective of the coordination of anti-monopoly law and industry regulation law, the paper believes that the last should be priority, and which is not a special law is simple prior to the general principles, but still comply with the fundamental purpose and purpose of the anti monopoly law, so it is also apply the anti monopoly law to regulate the activities which be abuse of dominant market position to eliminate or restrict competition and be use the administrative power restrict competition. This regulation not only to review the specific behavior whether or not rationality, but still review it’s authorized regulatory document whether or not rationality, the paper hope use this regulation mode to promote the tobacco industry transition from administrative monopoly to economic monopoly, and not only to avoid the planning regulation’s rigidity, but also to advantage the tobacco’s market control and to increase the social overall welfare. The case of abuse of market dominance position by Pizhou tobacco company fully reflects a series of problems caused by the monopoly of tobacco industry, and study the case will given us h elpful enlightenment and reference to reflect the theory and Practice of market dominant position of tobacco industry.