Font Size: a A A

Anti-Monopoly Study On Regulation Of Unfair Trade Practice

Posted on:2017-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y M NingFull Text:PDF
GTID:2336330488469392Subject:Law
Abstract/Summary:PDF Full Text Request
Unfair trading practices are regulated by antitrust laws in many countries and regions, and eliminating or restricting free competition is the most significant features in its definition. According to scope of law applicable, unfair trading practices can be divided into general and particularly unfair trading practices. According to the effect of behavior, general unfair trading practices can be divided into the exploitative unfair trading practices and exclusive unfair trading practices. From the perspective of jurisprudence, unfair trading practices can damage free and fair competition order and unspecific competitors interests, even consumers' and social benefits. From the perspective of economics, unfair trading practices violate the effective competition theory and add to the cost of unspecific competitors, also cause the consumers' welfare transferring to companies and reducing economic efficiency. Therefore, it is necessary to regulate unfair trading practices by antitrust law of having public law nature. We can find that the main difference between unfair trading behavior and abuse of dominant market position behaviors is the former requires actor to have a dominant market position but the latter does not, through contrasting and analyzing the overlapping and similar forms of unfair trading behavior and abuse of dominant market position behavior. But the both will damage the order of market competition, consumers'welfare, unspecific transaction object, public order and social public welfare. Just unfair trading practices are slightly lower than the abuse of dominant market position behavior in damage extent. Therefore, prohibiting unfair trading system has the general law status to abusing of dominant market position behavior. Through analyzing the legislative and judicial experience about unfair trading practices of Korea and Japan, it is good for putting forward corresponding suggestion about antimonopoly law.We should use antitrust law to regulate unfair trading practices for solving the question of some unfair trading practices which don't have law to regulate. Unfair trading practices should combine with China's national conditions on definition and stick to adopt no strict itself illegal principle and the reasonable principle on illegal identified and establish a diversified system of legal liability on legal responsibility.
Keywords/Search Tags:Unfair trade practices, Abuse of dominant market position, Anti-unfair competition, Anti-monopoly
PDF Full Text Request
Related items