Competition Regulation On The Abuse Of Dominant Position In The Market Of International Shipping Enterprises

Competition exists in every fields.But one or more of the enterprises which occupy dominant positions in the relevant market,try to maintain or expand their dominant positions in the market by improper means to exclude competition,this is the abuse of dominant position in the market.As an important part of anti-monopoly law,prohibition of the abuse of market dominance plays an indispensable role of maintaining effective competition in the market,especially in the international shipping industry.Western countries pay more attention on preventing the abuse behaviors of international shipping enterprises in their legal practices and theories legislation,especially multinational shipping enterprises and international shipping alliance.In our country,we also regulate the abuse of market dominance in the shipping industry in Anti-Monopoly Act and the Regulations on International Maritime Transportation.This paper can be divided into four parts in addition to introduction and conclusion.The first part introduces the present situation of the abuse of market dominance in the international shipping industry,particularly the legal practices in EU and USA.The second part introduces the basic theories of the abuse of dominant position in shipping relevant market.Analysis the elements of market dominance in international shipping industry.Establish a standard of the dominant position of international shipping enterprises by defining the subject,relevant market,dominant position and collective dominant position.The third part defines the standard of abuse behavior.Abuse behavior is not prohibited because of the dominant position in the market,but because of the harm caused by the behavior.Therefore,it is necessary to explore the concrete manifestation of abuse behavior.On the on hand,abuse behavior can be divided into exploitative abuses and exclusionary abuses.On the other hand,consider the existence of justifiable defense rationality.The fourth part compares the provisions of preventing the abuse of dominant position in the international shipping of our country with other countries'.In order to establish a more perfect anti-monopoly system in international shipping industry,we can improve and expand the legislation of future shipping law by analyzing current situation and several incidents which are suspected of abusing of dominant position in international industry of our country,and use the mature legal practices of EU and USA for reference.