Judicial Definition Of Refusal To Deal

In recent years,with the rapid development of the Socialist market economy in China,the disputes caused by enterprises' refusal to trade have been on the rise,the dominant operators usually have a serious negative impact on the normal market competition order.At present,Article 17 of China's "anti-monopoly law" is the main legal basis for the anti-monopoly determination of refusal to trade,and the determination of dominant market position is stipulated in Articles 18 and 19.However,due to the strong principles of these provisions,poor Operability,coupled with the "anti-monopoly law" has not yet been built and improved the relevant supporting system,in judicial practice on the identification of the act of refusal to deal unclear.Therefore,how to determine the act of refusing trade scientifically and accurately,especially in the new form of business,is a new problem in China's anti-monopoly judicial practice.The author chooses the case of refusal-to-trade dispute between Gu XX and Beijing Internet Information Center as an example,and on the basis of theoretical research on refusal-to-trade behavior,through careful analysis and sorting out the case,summarizes the focus of the dispute in this case,taking this as the wedge point,this paper ponders the problems existing in the judicial determination of the refusal of transaction,and attempts to perfect the frame of analyzing and determining the refusal of transaction in the present judicial practice of our country.This article mainly includes four parts: the first part is the introduction,the research significance and the goal,the research method and the domestic and foreign research present situation has carried on the induction narration;The third part is the analysis of the case,according to the laws and regulations and combining the views of the academic circles on the related issues,this paper expounds the author's cognition and understanding of the position of the market dominator,and on the basis of this,makes a further identification and analysis of the act of refusing to trade around the case;the fourth part is about some problems in judicial practice,for example,the consummation of the determination of the dominant position of the market under the new business form of the Internet,the author puts forward some feasible suggestions on the definition of the refusal of transaction in the judicial practice of our country.