The Regulation Of Anti-monopoly Law On Abusing Relative Dominant Position

In recent years,in addition to the field of retailers and suppliers,other new types of cases of abusing relative dominant position frequently occur in the Internet field,such as Jingdong"two choose one" event of wood forest.However,the types of regulatory behavior that abusing relative dominant position are incomplete in China,there is no illegal standard for abusing relative dominant position,and the corresponding administrative responsibility is not perfect,the existing relevant legislation that abusing relative dominant position cannot be effectively regulated.If these operators who abuse their relative dominant position do not occupy the dominant position in the market,they cannot apply the clauses of abusing dominant position to regulate effectively,and the civil and commercial laws often fail to provide sufficient protection for the weak trading parties.As a result,the operators who abuse their relative dominant position have nothing to fear,It will exert an influence similar to the abusing dominant position on the opposite party of the transaction,deprive the other party of the independent decision on the transaction content or the transaction object,and also damage the competition order and consumer rights in the upstream and downstream markets.The purpose of this paper is to analysis abusing relative dominant position in the process of trading behavior by operators,by analyzing the status of legal regulation of abusing relative dominant position and related cases of abusing relative dominant position,and from the aspects of legislation and practice study found that the types of regulatory behavior that abusing relative dominant position are incomplete in China,there is no illegal standard of abusing relative dominant position,and the corresponding administrative responsibility is not perfect.Through examining and studying the relevant countries and regions’ legal provisions and practical experience of law enforcement on abusing relative dominant position,this paper puts forward some suggestions on improving the regulation by the anti-monopoly law on abusing relative dominant position in China:firstly,the article on abusing relative dominant position should be added to the anti-monopoly law,which should be applied in comparison with the article on abusing market dominant position;Secondly,the article design of "specific behavior list+bottom cover clause" should be adopted,so as to realize the effective restraint and adjustment to the new situation and the new type of behavior of abusing relative dominant position.Thirdly,in order to clearly identify the illegality standard of abusing relative dominant position,the operator must have a relative dominant position,and the abusing behavior is unreasonable,this behavior has the tendency of restricting fair competition and impeding free competition.Finally,it is necessary to define the administrative responsibility of those who abuse the relative dominant position so as to regulate the behavior of abusing relative dominant position effectively.