New Research On Pricing Discrimination And Its Regulation

Pricing discrimination refers to this kind of practice in which a dominant market participant, while providing the same or similar products (service), charges for different prices or provides other benefits unreasonably toward other market participants under different trading conditions , while the price difference or provision of other benefits does not reflect the difference of products (service) cost, which may cause damage to the competition system, or in which a dominant market participant accepts the same or similar products (service) with different terms, while the differences between the conditions of such transactions are not a true reflection of the transaction costs either, which may also cause damage to the competition system. The conduct of pricing discrimination composes of the subject ,the subjective elements, the object and the objective elements. Besides traditional classification methods, pricing discrimination can also be divided into such category as"to the same trading partner and to different trading partner"and"the upstream pricing discrimination and downstream pricing discrimination".Market participants wound like to be treated fairly while conducting market activities, and should also be the same to other market players. To meet this requirement, all the participants would be granted a right - the right to fair trade. When a market participant enjoys this right, he can ask for fair treat while in the same time must treat other market participants fairly. In this sense, the right to fair trade is also an obligation, Pricing discrimination is, in essence a violation of such right of others or non-performance of such obligation. So abuses of domination in the market such as pricing discrimination should be regulated. For our part, in terms of legislation, pricing discrimination should be re-combined based on "anti-monopoly law", the Economic Constitution, following the rules of "Legislation Law ", so as to make it correspond to the internal logic. The notion of pricing discrimination, the composition of pricing discrimination, the exemption of Pricing discrimination, the burden of proof and its major manifestations should be explicitly stipulated in the provisions. In the administration of justice, private litigation system, the application of the rule of reasonableness, the implementation of the burden of proof should be established. Meanwhile, the conductor of pricing discrimination have a right to raise certain plead with sound reasons, in order to be exempted from the competition law.