Analysis On The Abuse Of Dominant Market Position From The Dispute Between Tongyuan Company And Taizhou Company,Yangzi Company,Sinopec

Abuse of dominant market position behavior is a dominant market position of enterprise that uses the market power engaged in harm competition, harm public interests and the interests of the competitors. Our country "Antitrust Law" regards the regulation of abuse of dominant market position behavior as one of the three pillars.Abuse of dominant market position focus in China's natural monopoly industries such as railways, electricity supply, gas supply, water supply and other industries, and the specific form includes price discrimination, tying, predatory pricing, etc. At present,antitrust disputes of abuse of dominant market position has become the antitrust civil lawsuit main causes of the court. The number of abuse of dominant market position in the antitrust disputes cases, the influence of the domestic and the degree of case dispute is very high. This article selects the typical case in oil industry with the dispute involving the abuse of dominant market position, to explore the applicable elements of abuse of dominant market position, legal responsibility and evidence rules. First of all, definition of the relevant market is the starting point to determine whether of abuse of dominant market position. The court and the parties also give different methods about the definition of relevant market. Dominant market position is the enterprise in the relevant market has the power to decide to product prices,production and sales without considering other enterprises. Market share is of great importance in certain dominant market position. At the same time we should consider other factors, such as market barriers to entry, enterprise resources, and the reliance of the counterparty. Secondly, the existence of abuse behavior is the illegality judgement factor of abuse of dominant market position behavior. Furthermore, the rule of evidence of abuse of dominant market position is also very important, and the allocation of burden of proof will make difference impact on the case. Finally,addition to in-depth study and correctly understand the related law, the court in the case of abuse of dominant market position should also investigate the market competition and social public interests and the welfare of consumers, so that integrate these factors to analyze whether the behavior is anti-competitive.