Research On Anti-monopoly Legal Regulation Of Excessive Pricing Behavior

This paper takes aim at the regulation of excessive pricing in the anti-monopoly law.By analyzing the enforcement practice and legislation of law,we can sort out the attitude and the status of China’s anti-monopoly law.By using the method of international comparison,this paper introduces the differences between the European Union and the United States in the regulation of excessive pricing and summarizes the experience.Based on the analysis of EU’s practical experience,combined with the analysis of necessity of the analysis the dispute of excessive pricing,to go deep into the difficulties on regulation the excessive pricing behavior.The author tries to put forward the idea of perfecting the antitrust legal system.This paper consists of three parts,including the introduction,main body and conclusion,with four chapters inside the main body.The first chapter mainly introduces the provisions of China’s anti-monopoly law on the excessive pricing behavior and the practice of anti-monopoly law enforcement.By analyzing the category of excessive pricing which includes administrative-monopoly high price,natural-monopoly high price and economic monopoly high price,the paper discusses the negative influence of excessive pricing as well as the theoretical basis on the regulation of monopolistic high price.The second chapter explains in detail about two typical regulation models on excessive pricing,compares the legislation and judicial practice of EU and America and analyzes the reasons of the differences.By summarizing the experience of this two typical models,the author tries to figure out what they could bring to our country.The third chapter discusses the difficulties in the regulation of excessive pricing behavior.The article launches the elaboration from three aspects:use quantitatitative analysis in unfair high price,set a law frame to harmonize the anti-monopoly law enforcement agencies and regulate the abuse of intellectual property rights to maintain high price.The fourth chapter introduces the focus of controversy on the regulation of excessive pricing and tries to put forward some suggestions on how to improve the regulation of excessive pricing behavior of anti-monopoly law in China.The author’s views include the strengthening of the anti-monopoly law and the standardization of the guidelines,the establishment of a unified and independent anti-monopoly law enforcement agencies,to promote fair competition review system and competitive assessment mechanism,etc.The highlights of this paper are as follows:firstly,referring to the definition of the excessive pricing in the European Court of justice,the paper puts forward the definition of the unfair high price from the law of market value;secondly,on the basis of summing up the difficulties of the anti-monopoly regulation of the excessive pricing,this paper clarifies the advantages and limitations of the various unfair high price recognition methods,and puts forward the method of quantitative evaluation of unfair high prices;thirdly,combing the abuse of intellectual property rights in the implementation of excessive pricing behavior of antitrust regulation difficulties.