The Basis And Limits Of Regulation Of Abuse Comparative Advantage Status In Anti-Monopoly Law

How to understand and how to regulate the abuse of comparative advantage status has been a huge controversy in the theoretical circle in our country.In China when the anti-monopoly law was enacted in 2008,some scholars proposed that use anti-monopoly law regulate the abuse of comparative advantage status.Due to the limited economic level at that time,abuse of comparative advantage status was uncommon,therefore,when the anti-monopoly legislation was deleted,the clause was deleted.Then with the rapid development of economy,abuse of comparative advantage status frequently occurred.From the implementation of abuse of comparative advantage in large retailers to the implementation of alternatives by Internet companies,this behavior has been a serious impact on China's market competition environment.When China's anti unfair competition law was revised in 2016,it once again put forward the regulation of comparative advantage status abuse.However,due to the overwhelming opposition of the academic community,the provisions of the clause were removed in the anti unfair competition law.At present,China's existing legal has not yet regulated comparative advantage status.However,the effect of this act on market competition can not be ignored.Therefore,how to regulate the abuse of comparative advantage status under the current legal system in our country is an urgent problem to be solved.The purpose of this paper is to clarify the theoretical disputes over the abuse of comparative advantage status and further clarify the theoretical basis and practical basis for incorporating this behavior into the anti-monopoly law.On this basis,it will further clarify what kind of abuse of comparative advantage status are illegal,and finally I will put forward some suggestions on how to use the anti-monopoly law to regulate the abuse of comparative advantage status in China.The first part of this paper introduces the basic concept of abuse of comparative advantage status,and summarizes the theoretical differences between scholars on whether this behavior should be regulated by competition law.Through the above analysis,it is concluded that the abuse of comparative advantage status is a special behavior that is different from the abuse of market dominance.It should be regulated in the competition law system.For China,use anti-monopoly law to regulate this behavior is more reasonable.Secondly,this paper analyzes the theoretical basis and practical basis for the use of the anti-monopoly law to regulate the abuse of comparative advantage status,and further analyzes what kind of comparative advantage status abuse should be regulated by the anti-monopoly law.In the end,the paper explains the specific institutional design issues on the basis of the explicit use of the anti-monopoly law to regulate the abuse of comparative advantage status.In terms of subject,behavior and result,when anti-monopoly law regulates the abuse of comparative advantage,it should include the following.First of all,it should be clear that the object of regulation is operator who abuse of comparative advantage status.The protection object is all relative parties who are injured by the act,and can not only protect the relative parties of small and medium-sized enterprises.Secondly,the law should explicitly list specific acts of prohibition,and exemption from actions with justified reasons,so as to prevent abuse of public power.Finally,it is clear that illegal results are impeding free competition and limiting fair competition.