| At present,China attaches great importance to optimizing the business environment at ports,and focuses on implementing a series of measures such as "reducing documents,optimizing processes,improving timeliness and reducing costs".In this context,it is very important to properly resolve the decades-long dispute between the shipping and cargo parties over surcharges.However,the current international liner surcharges collection system currently lacks normative and rationality,the collection process shows obvious unilateral arbitrariness and abuse of its own market dominance,which seems to violate fairness suspicion of competition.The emergence of alliances has made the liner shipping market more concentrated.At the same time,the charging structure of "sea freight + surcharge" has also brought new challenges to the current shipping anti-monopoly regulation in China.Naked contractual monopolies have become rare,replaced by tacit synergy.In addition,in some relevant markets,it is difficult to determine the dominant market position of liner companies,and antimonopoly regulation cannot be carried out.It is not feasible to construct a set of antimonopoly regulation system of surcharge on the legal level through the scattered shipping competition law system in China.It has been proved that the regulation means of freight rate formed in the era of liner conference can not meet the need of regulation of shipping surcharge,in order to meet the new challenge brought by shipping alliance,China needs to construct a set of anti-monopoly regulation system which is different from the previous one.Centering on the purpose of constructing the anti-monopoly regulation system of maritime surcharge,this thesis analyzes the shortcomings of the current legal system,on the basis of determining the monopolistic behavior mainly involved in shipping surcharge collection,the identification standards and regulation methods are analyzed,at the same time,it introduces fresh blood to Chinese shipping competition law system,and lays a foundation for the construction of a new antimonopoly regulation system of shipping surcharge.Apart from the introduction and conclusion,this thesis is divided into five chapters.The first chapter is to introduce the anti-monopoly regulation of surcharges.This chapter first mainly analyzes the nature of the shipping surcharge problem,and lays a solid foundation for the selection of the following regulatory paths.Secondly,starting from the main problems of surcharges,combined with domestic policy and current situation,it analyzes the necessity of anti-monopoly regulation of surcharges.The second chapter begins to enter into the construction of anti-monopoly regulatory system.The starting point of all monopoly regulation is the definition of relevant markets,based on the analysis of the case,this chapter studies and determines the factors that need to be investigated in the definition of the liner shipping-related product market and the relevant geographic market.The third chapter studies the monopoly behavior that may be involved in the collection of surcharges.As for the regulation of concerted practices in the shipping field,few academics have mentioned it.The first section of this chapter defines the factors that need to be considered in the identification of concerted practices.The second section mainly studies the cognizance standard of abusing market dominant position.The fourth chapter starts with the theory of superior bargaining position.In the first section,through the comparison with the dominant market position,it is concluded that the superior bargaining position cannot be included in the regulation of the abuse of dominant market position in the anti-monopoly law system.The second section studies the necessity of introducing comparative advantage to regulate shipping surcharges,and lays the foundation for the suggestions in the last chapter.The content of the fifth chapter is mainly to improve the anti-monopoly regulatory system of shipping surcharges.On the basis of analyzing the current situation of relevant systems in China,it is divided into four aspects to improve the anti-monopoly regulatory system of domestic shipping surcharges: coordinated behavior,abuse of market dominance,operator concentration review of shipping alliances,and superior bargaining position. |
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