On The Regulation Of Anti-unfair Competition Law Against The Abuse Of Relative Advantag

In recent years,operators with comparative advantage abuse their position and exploit vulnerable operators frequently.Therefore,scholars have advocated the introduction of comparative advantage theory to regulate this behavior.Based on the basic theory of comparative advantage,combined with the legislative and judicial status of various countries and China’s competition law system,this paper discusses the following issues in the second,third and fourth chapters: first,whether it is necessary to regulate the abuse of comparative advantage;Second,which legal path should be adopted to regulate;The third is how to effectively regulate under this path.In addition to the introduction,this paper is divided into four parts:The first part is the legal division of abusing comparative advantage.Through the cases of large retailers charging high channel fees,platforms "choosing one from two",platforms blocking logistics enterprises,this paper introduces the problems of regulating the abuse of comparative advantage,and finally analyzes the differences between this behavior and the abuse of dominant position and vertical monopoly agreement.The second part is the necessity of regulating the abuse of comparative advantage.The formal version of the anti unfair competition law does not retain the provisions prohibiting the abuse of comparative advantage.This paper first analyzes the reasons for the legislators to delete the relevant provisions,and demonstrates the practical necessity of mentioning the "old things" of adding relevant provisions again from the perspective of the reality,judicial practice and the revision trend of the anti-monopoly law;Then it analyzes that abuse will destroy the order of market competition and damage the legitimate rights and interests of consumers,so it is necessary to regulate.The third part is the rationality analysis of the abuse of comparative advantage in the path regulation of anti unfair competition law.First of all,it expounds the views and reasons that the academic circles advocate regulating abuse through civil law,anti-monopoly law and e-commerce law;Secondly,from a practical point of view,it responds to the shortcomings of the above path;Finally,by demonstrating that the goal of regulating abuse is more consistent with the value goal of the anti unfair competition law,the law enforcement operation is more convenient,and the punishment is more appropriate,it is concluded that the anti unfair competition law is a more reasonable legal path choice.The fourth part is the regulation suggestions on the abuse of comparative advantage under the path of anti unfair competition law.First of all,it is necessary to determine the main body identification standard with "dependence" as the core.This part takes the international investigation report as the starting point,analyzes the connotation of the "dependence" judgment standard of "sufficient and expectable turning possibility",and lists four basic types of dependence caused by long-term cooperation,necessary facilities,lack of materials and brands;Secondly,combined with the legislative experience of Germany,South Korea,Japan and other countries,it lists six ways of behavior,such as limited transaction,refusal of transaction,differential treatment,default in payment of suppliers,self preferential treatment,and asking for illegitimate interests,and makes it clear that abuse must be illegitimate;Finally,in the aspect of legal liability setting,we should focus on civil liability,supplemented by administrative liability,without using criminal force,in order to effectively regulate the abuse of comparative advantage and improve China’s competition law system.