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Research On The Affirmation Of Market Dominance In Antitrust Law

Posted on:2019-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:X GongFull Text:PDF
GTID:2346330542999077Subject:Law
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The enforcement of the anti-monopoly law has always been a hot issue.As early as before China had not enacted an anti-monopoly law,it gradually recognized the dangers of monopoly and hoped to use the law to protect its own interests.Therefore,all walks of life are very much against the anti-monopoly law.high.In 2008,China's anti-monopoly law was formally passed and implemented,but after a period of implementation,the effect was not as satisfactory as originally expected.Anti-monopoly law enforcement cases have increased with the continuous development of the economy in recent years.The effectiveness of anti-monopoly law enforcement has been mixed.Critics argue that the anti-monopoly law is not only a powerful tool for companies that constantly harass commercial success,but also a powerful tool for companies with weak competitiveness to seek out excuse to crack down on competitors.The idea is that anti-monopoly law enforcement agencies cannot identify monopolies.At the time,it clearly informed the company of the specific indicators and boundaries that constitute the monopoly.The more cases of anti-monopoly law enforcement,the more cases of abuse of market dominance are found in the entire anti-monopoly enforcement case.The determination of a monopolist's abuse of market dominance is complicated,especially the definition of the relevant market.Whether the definition of the relevant market is accurate or not is directly related to the outcome of anti-monopoly cases.After all,the definition of the relevant market is the key to the entire anti-monopoly law enforcement case,especially the abuse of market dominance.The methods for defining relevant markets are stipulated in the “ Guide to the Definition of Relevant Markets by the State Council's Antimonopoly Committee” in three ways: demand substitution,supply substitution,and hypothetical monopolist testing.After defining the relevant market,it is necessary to determine the dominant power of the monopolist in the relevant market and determine the dominant power.The anti-monopoly law in China stipulates the identification model and the presumption model.Two of these models use the key“market share” and therefore market share.The calculation is an important step.After determining that a monopolist has dominant power,it must analyze whether the monopoly has abused this dominant force and whether it has caused anti-competitive effects.After determining that a monopolistic company constitutes abuse of market dominance,it can confirm the penalty measures and post-supervision work.This paper intends to start from the abuse of market power in the anti-monopoly,study the most important and most prominent problems in the determination of abuse of market power,and find out specific suggestions or solutions.In addition to the introduction and conclusion,this article consists of four parts.The first part outlines the author's use of literature analysis methods to first define the anti-monopoly law in China,including the concept,characteristics of anti-monopoly law,and the relationship with anti-unfair competition law.These basic theories are used to pave the way for subsequent research;Secondly,we define the enforcement of anti-monopoly law in our country,including the performance of law enforcement subjects and law enforcement behaviors.Acts are not enough to be self-reliant.After any laws are formulated,they can be effectively implemented in real life.In addition to the perfection of the law itself,the enforcement of the law depends on the strong guarantee of the law enforcement agencies.Third,the abuse of market dominance is defined.The abuse of market dominance has its specificity.Its connection with economics is the closest.No matter whether it is the definition of the relevant market or the calculation of market share,and it occupies a large proportion of various anti-monopoly cases in recent years,it is because of these particularities that the main content of this paper is centered on the abuse of market dominance.written.The second part analyzes the problems identified by China's abuse of market dominance.Using case analysis and empirical research methods,the author adopted the case introduction method and selected the “Leila Case” as an entry case for research.The “Leila Case” is the latest anti-monopoly law enforcement case in China.This case lasted for 4 years.In November 2016,the State Administration for Industry and Commerce announced the result of the punishment,and its penalty announcement was 47 pages long.The "Lee-Lee Case" leads to the prominentproblems identified in China's abuse of market dominance.One is the definition of the relevant market,the other is the calculation of market share,and the final analysis of the causes of these two problems.The third part uses comparative research methods to compare and learn from the abuse of market dominance between the United States and Europe.Since the United States and Europe have formed a relatively complete system in the long-term anti-monopoly law enforcement,the United States and Europe are in the determination of abuse of market dominance.There are lessons for us to learn from,and we can get some ideas for solving problems in our country.In the fourth part,the author put forward opinions and suggestions on the determination of abuse of market dominance.The second part of the questions raised,that is,the definition of the relevant market and the calculation of market share,as well as the solution to the problems in the definition of the relevant market,including the critical loss analysis combined with the game theory and the cluster market approach.In the United States,the critical loss analysis method,the critical loss analysis is a new method based on the improvement and perfection of the hypothetical monopolist test method,because it has the advantages of ease of use,strong operability,etc.In some of the comparative studies,we also conducted comparative studies on the critical loss analysis under the assumption of profit and loss as well as the analysis of critical loss under the assumption of profit maximization.In addition to the calculation of market share,in addition to the calculation of sales volume,the company also discovered product value,production capacity,and corporate income.
Keywords/Search Tags:Abuse of market dominance, Critical loss analysis, Definition of relevant market, Calculation of market share
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