Research On Legal Regulation Of The Abuse Of Advantage Position By Port Operator

As one of the key subjects in port operation,port operators have an important impact on the sound development of port industry.In practice,port operators abuse their advantage position,which will adversely affect the trading counterparts and small and medium-sized competitors who are less competitive in the market.Therefore,it is necessary to regulate the behavior of port operators through legal means to maintain the normal operation order of the port industry.In addition to the introduction and conclusion,the full text is divided into five chapters.The first chapter is an overview,mainly introducing some basic issues involved in this paper,including the types of port operators,the meaning of advantage position,the reasons for the advantage position of port operators and the main manifestations of abuse of dominant position by port operators.The second chapter is about the definition of port operator's related market.It mainly introduces that when defining port operator's related market,it is necessary to analyze port operator's related market from two point of views:product and geographic.In addition,it is also necessary to consider whether the port operator is facing internal market competition or external market competition.The third chapter is the identification of the advantage position of the port operator.The advantage position of the port operator includes many types.It is necessary to analyze the types of the advantage position of the port operator under specific circumstances in combination with the identification conditions.The fourth chapter is the constituent elements of abuse of advantage position by port operators.This chapter introduces the constituent elements of abuse of dominant position,relative market dominant position and relative trade dominant position by port operators.The fifth chapter is the regulation opinions on the abuse of advantage position by port operators.It mainly introduces the inappropriateness of exemption in regulating the abuse of advantage position by port operators.To regulate the abuse of advantage position by port operators,it is necessary to regulate the abuse of advantage position beforehand and afterwards.The prior regulation mainly starts with market access,pricing and contracting behavior,and the posterior regulation mainly starts with perfecting the existing competition legal system and port legal system,so that law enforcers can have legal basis.Finally,the conclusion of this paper is only large-scale port operators may abuse their advantage position,which is related to the natural attributes of ports and the reform of port integration.The advantage position of port operators is in a broad sense,which includes both dominant position and relative advantage position.In order to regulate the abuse of advantage position by port operators,we need to introduce the system of relative advantage position under China's competition legal system in addition to supplementing some prior regulation methods,so as to improve the posterior regulation methods.The main creative achievement of this paper is that it clearly defines the specific content of the advantage position and clarifies the scope of the generalized advantage position.On the issue of defining the relevant market of port operators,it is pointed out that in order to define the relative market of port operators,it is necessary to distinguish the internal market and the external market,and use the general method of defining the relevant market.As for the posterior regulation of abuse of advantage position by port operators,it is emphasized that the specific content of relative advantage position should be clarified first,and then the system of relative advantage position should be introduced into China's competition legal system to adjust it.It is clarified the reason why the system of comparative dominant position should be introduced into the Anti-monopoly Law.