A Study On Regulation Of Abusing Relative Dominant Position

Article 6 of the Anti-Unfair Competition Law(Revised Draft),which prohibited the operators abusing relative dominant position in 2016,academic circles have initiated discussions on whether the regulation should be included in the Anti-Unfair Competition Law.The relative dominant position theory is widely disputed in our country.Based on the research of the basic theory of relative dominant position,combining with the relevant national regulations and practical experience,this paper advocates putting the abusing of relative dominant position into the system of unfair competition law,and puts forward the applicable suggestions from three aspects: the main elements,manifestations and legal responsibilities of the theory of comparative advantage position.Besides introduction and conclusion,and on the following research ideas,this paper is divided into five parts:The first part is about the study on basic theory of abuse abusing relative dominant position.In this part,the author studies the concepts and theoretical basis of the relative dominant position and its difference with the dominant market position,so as to analyze the essential characteristics of the relative dominant position.The second part is about the regulation reviews of abusing relative dominant position.By studying the laws and regulations on the abusing relative dominant position in Japan,Germany and the United States,this paper studies the regulation status quo of abusing relative dominant position and explores the deficiency of it in our country by comparing these laws and regulations with those in China.The third part is about the cognizance of abusing relative dominant position.From the following four aspects: the subject,behavior type,concrete forms and harm consequences of it,the author discusses how to identify it and provides the reference for the regulation of anti-unfair competition law in this part.The fourth part deals with the problem of abusing relative dominant position from legal path.Through the comparative study on the nature,content and legislative objectives between the Antitrust Law and the Anti-Unfair Competition Law,and combining with the essential features of the relative dominant position,what concluded is that the Anti-Unfair Competition Law is the appropriate legal regulation path.The fifth part is about the applicable recommendations of abusing relative dominant position in the Anti-Unfair Competition Law.Taking the relative dominant position behavior subjects,the behavior forms,the legal responsibility as the starting point,the author puts forward one suggestion to determine the relative dominant position and define the small and medium enterprises as the transaction counterpart,by combining with the relative characteristics and the dependant foundation of the behavior.And the author also puts forward that we should pay attention to distinguish it with commercial bribery,solve the problem with the application of intellectual property rights,explain the uncertain legal concepts and improve the civil remedies of relative dominant position and other recommendations while in the application,in order to effectively regulate the behaviors that relative dominant position.