Regulation Of The Antitrust Law On Tobacco Industry

The tobacco industry has always been strictly regulated by law since its establishment.Because tobacco products are characterized by high taxes,health hazards and addiction,it is always the focus of controversy.The implementation of tobacco monopoly management system of our country,carry out special control on the tobacco industry in accordance with the law,but under the influence of multiple factors,the tobacco industry appears contrary to the legislative purpose of the behavior in the actual management process,such as tying behavior,regional monopoly,serious damage to the business object and the legitimate rights and interests of consumers,and questioned the management behavior on the also more and more.From the practice,in recent years,the monopoly behavior of the anti-monopoly law enforcement agency for the tobacco industry conducted a survey of the punishment,such as the Inner Mongolia Autonomous Region tobacco companies Chifeng company of abusing market dominance case,Jiangsu city of Xuzhou province Pizhou branch of tobacco companies the abuse of a dominant market position case and tobacco companies in Liaoning province Fushun City,abuse of market dominance case,the tobacco companies abusing the dominant market status were identified and punished.Based on the above 3 cases,starting from further strengthen the anti-monopoly regulation of the tobacco industry,the tobacco industry legal monopoly status establishment,the tobacco industry tobacco for the exemption system of anti-monopoly law and the exception,the abuse of market dominance behavior recognition,tobacco industry antitrust regulation suggestions in four aspects,through the method of literature analysis,comparative analysis,semantic analysis and case analysis and other research methods,analysis of conflict and coordination of the tobacco monopoly system from the perspective of anti-monopoly law and antitrust law,the application of the exemption system of anti-monopoly law and the exception of the tobacco industry,to further clarify the tobacco industry under the anti-monopoly law's regulation of the border.The first part analyzes the establishment of the legal monopoly status of the tobacco industry from three aspects: the tobacco monopoly system and its legislative status,the existing problems and the necessity of applying the antitrust law.The characteristics of the main body of the tobacco industry,the necessity of the protection of the tobacco monopoly system,the current situation and existing problems of the tobacco monopoly legislation and the necessity of the application of the antitrust law in the tobacco industry are emphatically analyzed.The second part studies the exemption system applicable to the tobacco industry and its exceptions.Combined with 3 cases of abuse of market dominance in the tobacco industry in recent years,it points out the exemption system and exceptions in the tobacco industry.The third part analyses the identification of the abuse of the dominant position of the market in the tobacco industry.This chapter analyzes the two aspects of the identification of the dominant position in the tobacco industry and the identification of the abuse of the dominant position in the tobacco industry.The fourth part,based on the previous analysis,puts forward some suggestions on the regulation of the antitrust law of the tobacco industry.The first is to clarify the application of the tobacco monopoly law and the anti monopoly law.Two,it is to clarify the exemption system and exceptions of the antitrust law in the tobacco industry,and the three is to perfect the tobacco monopoly law,so as to achieve effective docking with the anti-monopoly law.