Empirical Study Of Legal Regulation Of Abuse Of Relative Dominance Position To The Anti-Unfair Competition Law

The relative dominance position of the market economy in the production,distribution,exchange,consumption of the four links came into being,and with the integration of market industries,social division of labor,optimize the allocation of resources and other reasons gradually strengthened,but when the relative advantage of abuse It will damage the fair and free market competition order,it is necessary for legislators to develop a corresponding legal system to regulate.This article focuses on the empirical analysis of the actual case,reflecting the article emphasizes the practicality of the practical operation of far-reaching significance.By analyzing the relevant concepts of relative superiority status,analyzing the theoretical basis of relative superiority status,combining with the specific case analysis and drawing lessons from foreign experience with relatively perfect mature regulation system,the anti-unfair competition law(revised draft)basis "as the basis,preliminary rules established by the abuse of the concept of comparative advantage in terms of status,the legal situation,legal liability,and other law enforcement body,put forward specific recommendations in line with the rule of law with Chinese characteristics socialist background to be perfect abuse comparative advantage Status system.The innovation of the thesis is mainly embodied in four aspects.First,the author analyzes the theoretical basis of the comparative advantage.Which is the most core of the theory of dependence,but also through the civil law to prohibit the theory of abuse of rights as a legal basis to respond to the relative superiority theory of the proposition of private law autonomy point of view,and then through the theory of asset specificity demonstrated the comparative advantage theory of economics basis.Second,the author makes an empirical analysis of the real case in real life.Both the long-term existence of retailers and suppliers of channel fees disputes,but also includes the Taobao Mall and settled in the business of the new dependencies,but also pointed out that the recent cinema line on the producers of sharp contradictions,and proposed by the relative advantage of the theory to avoid The Problem of Defining the Related Market by the Theory of Anti-monopoly Law from Solving the Related Problems of "3Q Wars".Third,The author combined with the case of foreign legislation in the abuse of comparative advantage of the legislative model and judicial experience.Which provides an intuitive guiding role for the construction of the system of abuse of comparative advantage in our country.Fourth,the author in the "revised draft review draft" has been drafted on the basis of the law put forward rationalization proposals.It has a stronger operability.But the paper also has many limitations and shortcomings.First of all,based on the limitations of the author's own academic ability,the analysis of the theoretical basis tasted,not in-depth study.Secondly,the judicial and law enforcement practices are almost blank in view of the lack of comparative advantage.The empirical analysis of the case mainly focuses on the definition and damage level of the comparative advantage.Therefore,the analysis mainly plays the role of information feedback.limited.Finally,some of the recommendations for the regulation of the relative superiority of abuse are related to the revision of other laws,the higher the cost of legislation,and the possible impact of the actual implementation of the recommendations.The author hopes to make an empirical study on the abuse of the comparative advantage in the anti-unfair competition law by using this paper.The author expects the legislators,the judiciary,and the experts and scholars to perfect the legal provisions of the comparative advantage in the anti-unfair competition law.