The Legal Analysis Of Qualcomm's Abuse Of Dominant Market Position

Antitrust law,in theory,is an important part of market competition law in economic law.It is in a foreign country and "antitrust law",which refers to the domestic and foreign economic activities,in order to standardize and control monopoly legislation,administrative regulations and rules and judicial precedent and extends to a series of international treaty system.Antitrust law was originated in the "anti monopoly law " the father of the United States,at the end of nineteenth Century and early twentieth Century,the doctrine of free competition in major capitalist countries into monopoly capitalism;at the same time,with the economic crisis in the United States in 1933 1929 to burst,abuse of free competition capitalism appears gradually.In order to eliminate the influence of the economic crisis,the state intervention began to appear,the anti-monopoly law is produced in this context.China is a latecomer in the field of anti-monopoly law,since 2008 since the entry into force of the "People's Republic of China anti-monopoly law",have gone through unremitting exploration and practice from legislation to law enforcement and other aspects,but also exposed a series of questions can not be avoided,but with the all-round development and the deepening of the market economy,especially the decisive in the third Plenary Session of the 18 th CPC Central Committee the market in the allocation of resources and related experience,as this will be the case of Qualcomm case successfully solved,these are reflected in China's anti-monopoly law enforcement level and not in its infancy.China's anti-monopoly law regulation of the following four kinds of monopolistic behavior,namely,the monopoly agreements(including horizontal and vertical monopoly agreements),the concentration of operators,abuse of dominant market position and administrative monopoly.Qualcomm is related to the issue of abuse of dominant market position.This paper is to Qualcomm case as the research object,from the three angles that the relevant market,the dominant market status and the specific acts of abusing the dominant market status of in-depth and comprehensive analysis of the case;in addition,the case also involves other disciplines such as law,patent law and economics analysis method and so on,so based on the analysis of the relevant methods of auxiliary analysis.At the end of the article,it is the consideration of the legal issuesrelated to the analysis of the case and the improvement of relevant laws.