The Study Of Legal Regulation Of The Abuse Of Relative Advantage Position

In our country,legal regulations of the abuse of relative advantage position mostly exist in antitrust law,however,it is not helpful for antitrust law because of the high demand of subject in this law,so that it influenced the precaution and punishment of this action.Although relative advantage position is similar with market dominant position,it has the deference.So,anti-unfair competition law which is being modified formulates a few types of actions about abuse of relative advantage position.Because of the systematic missing in legal norm,we haven't constructed the complete legal system.With the market subject,economic sector and benefit being diversity,it is provided with general conditions to revise anti-unfair competition law.Anti-unfair competition law has the lower application conditions than antitrust law so that we can protect consumer and operator interests in broader ways.This article is actually about the new articles of the revised draft of anti-unfair competition law and deeply analyze the concept and definition of the abuse of relative advantage position.Next,the article analyzes the necessary and feasibility about bringing in the concept of abuse of relative advantage position by using the mature experience in legislation of other countries and Taiwan in details.Then this article gives a clear explanation of the enlightenment about the theory of abuse of relative advantage position.Finally,the article comes up with legislative suggestion and regulating methods of perfecting the abuse of relative advantage position in anti-unfair competition law to make it play a better role which can maintain the system for market exchange and accelerate the healthy development of industry.The author writes this article with 4 parts.The first part leads to the concept of abuse of relative advantage position of large retailer though the business contract dispute case is about Shenyang Hui shengmei prosecuted Carrefour supermarket,then extends to the question of legal regulation to abuse of advantage position by this case.The second part defines what is the behavior of abuse of relative advantage position.Firstly it shows the confirmation standard and manifestations of abuse of relative advantage position and draws a conclusion that what damage had it made.The third part compares legal regulation to the behavior of abuse of advantage position between foreign countries and Taiwan so that it get the enlightenment of how we can regulate this behavior.The fourth part studies the question of how we could complete the regal regulation to abuse of advantage position.By means of coming up with lack of legislation,it gives out the perfecting suggestions of regulating abuse of relative advantage position in view of perfecting related provisions in anti-unfair competition law and punishment system of abuse of relative advantage position.