| The dominance of the collective market originated from the European Union and is one of the important ways to regulate the oligarchic monopoly market.The original purpose is to make up for the defect that the monopoly agreement cannot prove the implicit collusion between oligarchic enterprises.The oligopoly market is a kind of market state of imperfect competition.Economic game theory constructs and analyzes the mathematical model of economic operation mode in oligopoly market.Repeated game theory is put forward in the oligopoly market,the market of high transparency,high product homogeneity,high market factors such as barriers to entry,the oligarchic monopoly as rational decision makers,the need to consider other operator’s behavior,and as a result of repeated game operators considering the profit maximization and other operators to reach a common consensus rise,the stability of the formation to supervise each other,depend on each other.There has been a heated debate about whether this kind of "oligarchic dependence behavior" should be regulated by the anti-monopoly law,and the dominant position of the collective market emerged in this process.The EU in the case of Italy Flat Glass clearly put forward the concept of collective market dominance,together for the first time for that path and methods of the collective market dominance was affected by the Harvard school and Chicago school,has experienced from "structure of extremism" to "economic ties and structuralism simultaneously",is widely used by countries around the world.The legal regulation of the dominant position of the collective market in China is basically in a completely blank stage,which can only be inferred from scattered legal provisions.In recent years,with the continuous development of Chinese market economy,the application of high-tech such as Internet,big data and algorithm in enterprise operation,the mode of anti-monopoly behavior presents the characteristics of diversification and complexity.The traditional anti-monopoly law is difficult to deal with various complex market conditions flexibly,so it is imperative to perfect the legal regulation of the dominant position of the colletive market.Based on the above analysis,this paper chooses the legal regulation of the dominant position of the collective market as the research object,and adopts literature research method,case empirical analysis method,comparative analysis method and multidisciplinary research method.Based on the basic theory of the dominant position of the collective market,this paper analyzes the problems existing in the legislation and legal practice of the dominant position of the collective market in China,learns from the regulatory experience of the dominant position of the collective market in the United States and the European Union,and explores the legal regulation path choice of the dominant position of the collective market in China.The specific content is divided into the following parts:The first chapter is the introduction.For collective dominant market position legal regulation in this chapter analyzes the background of the research problems,has been clear about the specific research purpose,research significance and research methods,summarized the domestic and foreign scholars on the research achievements of dominant market position legal regulating the common problems,find common space for the research of the dominant market position,provide theoretical support for the writing for the rest of the article and the concrete way of thinking.The second chapter is the basic theoretical research on the legal regulation of the dominant position of collective market.This chapter defines and analyzes the concept and characteristics of the dominant position of the collective market,clarifies the relationship between the dominant position of the collective market,the monopoly agreement and the concentration of operators,and clarifies the theoretical basis of the dominant position of the collective market.At the same time,the necessity of the legislative regulation of the dominant position of the collective market is analyzed from multiple perspectives,which lays a theoretical foundation for the further research in the following.The third chapter is the legislation and legal practice of the dominant position of Chinese collective market.This chapter is mainly divided into two parts.The first part analyzes the current legislative situation of the dominant position of collective market,and finds that there are some problems,such as unclear definition of concept,unclear identification standard and thinking,unfair distribution of burden of proof and insufficient punishment.The second part of the collective market in China,analyzing the present situation and problems of dominance of antitrust practice by choosing typical case analysis,found that the defects of judicial and administrative law enforcement.This paper provides a specific entry point for the study of how to perfect the legal regulation of the dominant position of collective market.The fourth chapter is the comparative analysis of the extraterritorial legal regulation of the dominance of the collective market.This chapter through to the United States and the European Union related typical cases summarized and finishing,clarify the collective market dominant position in the development of the United States and the European Union,analysis the United States and the European Union in the collective market dominant position the advanced experience and the insufficiency of legal regulation,especially for the European Union in the collective market dominant position that train of thought on the development of key analysis,to improve specific path of the collective market dominance in China is put forward to provide experience can be used for reference.The fifth chapter is the perfect way of the legal regulation of the dominant position of collective market.Based on the above chapters,this chapter puts forward a specific path to perfect the legal regulation of the dominant position of collective market.In the third chapter puts forward the collective market dominant position in our country in the legislation and practice of anti-monopoly law of problems and shortcomings,mainly from the legislation,definition,standard construction,distribution of burden of proof and the legal responsibility for a couple of perspective and to build a collective market dominance of the legal system,make up the collective market dominance in the absence of legislation put forward some suggestions. |
