Research On The Definition Of Exclusive Dealing

Exclusive dealing is a typical form of abusing dominant market position.The paper suggests that exclusive dealing refers to destructive competition behavior that a retailer or a wholesaler who has dominant market position and abuse that dominant power without justifiable reasons to exclusive counterparts.This paper emphasizes the limitation of the retailer or the wholesaler to the trading counterparties.When distinguishing the form of exclusive dealing,the paper raises the classification method of exclusive dealing and partial limited transaction,in addition to the classification method of exclusive purchase and exclusive sale.With the increasing complication of exclusive dealing,the trading counterparties begin to limit trading mutually.Our country preliminary establishes the legal norms concerning the definition of exclusive dealing.Meanwhile,in the aspect of law enforcement and justice,the antitrust agencies also enact some certain analytical methods and rules of adjudication,which makes a great contribution to the rules of defining exclusive dealing in our country.The practice of the definition of exclusive dealing of American and European Union,as the major antitrust areas,has influence on the improvement of the exclusive dealing of our country.There are shortcomings of the definition of exclusive dealing.In legislation,the standard of exclusive dealing is not relatively unified;in law enforcement,the field of law enforcement agency is narrow while the agency's power is too much;in justice,it exists these problems,for example,the plaintiffs bears too much burden of proof,;the judicial agency ignores the protection of internet consumer's rights.Based on the above problems,this paper provides suggestions to improve the current system.In legislation,it suggests to further refine the definition of exclusive dealing;form unified standard of exclusive dealing and establish a unified and efficient antitrust agency.In law enforcement,it encourages law enforcement agencies to continue to expand the field of law enforcement;put the administrative power in the"cage" of law system,and form effective restriction on that power;at last,the paper suggests to establish analytical approach of conduction in destroying fair competition and achieve the restriction to agency's discretion.Injustice,it suggests to offer a reasonable allotment of evidential proof during the lawsuit of exclusive dealing,and balance the proof burden between plaintiff and defendant;based on the particularity of internet,it suggests to improve and perfect the definition analysis of exclusive dealing in internet enterprises.In the end,suggest to perfect the analysis of judicial departments to justifiable reasons,in case of abusing the discretion of the judiciary.