Legal Regulation Of Abusing Relative Economic Dominant Position

With the formation of buyer advantage and two-sided market,large-scale retailer are playing an increasingly dominate in retail supply market,they often use their relative economic dominant position squeezing suppliers.By overcharging channel fees behavior on operating costs to maximize their own interests.This destruct the retail supply market,and damage the interests of the consumers.Therefore,more emphasis needs to be put on these issues and immediate regulation need to be enacted.This article is divided into four parts.In the first part,the author made an analysis on contract dispute of Pudong district,Shanghai to elicit the content of the article.Leading to the more of behaviors of abusing relative economic dominant position and the lack of reasonable regulation method.The second part is the definition of abusing relative economic dominant position.Firstly,the author expounds the meaning of abusing relative economic dominant position.Secondly,discusses the manifestation of abusing the position,such as excessive charge fee,vendor payment in arrears,limitation on price,etc.Finally,reveals the damage of abusing relative economic dominant position for development of retail business and consumer interests,reflects the necessity of regulating this kind of behavior.The third part is the analysis of legal comparative of countries(areas)around the world on regulating the abuse of relative economic dominant position,mainly aimed at compare of legislation mode of the behavior and law in the form of abusing.The fourth part puts forward that the deficiency of regulation of abusing relative economic dominant position current in Contract Law,Anti-Unfair Competition Law and Anti-Monopoly Law,and combines suggestions for the perfection of regulating abusing relative economic dominant position in the Anti-Unfair Competition Law(revised draft reviewing),hopes to be able to seek an effective mechanism to solve such problems as early as possible.