On The Anti-monopoly Control Of Abusing The Market Dominant Position

"The prohibition to the enterprises behavior of abusing the market dominant position", which becomes the research object of this thesis, is one of the three stanchions of Anti-monopoly law.Dominant market position means a phenomenon: one or some enterprises have a degree of advantage in a particular market, which can be used to "dominate" or "control" the market, thereby a significant impact in this market could take place. To determine whether an enterprise has a dominant market position or not, certain criteria must be introduced in. Under normal situation, we use the market share to measure of the companies'market position, but not absolute, because there are a number of other factors, such as: the relationship between the enterprise and others, the technological advantages and the existence of potential competitors, which plays a role in strengthening or weakening the standard of market shares. There are three different control modes: structure control, quasi-structuralism and behaviorism in regulating the dominant position. At present, no country has adopted structure control mode, thus, its study makes no sense. The United States, mainly adopts quasi-structuralism - the monopoly mode of regulation, and the EU, behavioral control mode. According to the new promulgated " Anti-monopoly Law of People's Republic of China" , China does not take the dominant position itself as a regulation object, and intend to regulate the abusing behavior or the enterprise. There are varieties of abusing behaviors for the dominant enterprise to use, mainly divided into two styles: exploitative abuses and exclusionary abuses, between which are of means and objectives, namely, the exercise of exclusionary abuse is for the exploitation and gain monopoly profits. Because exclusionary abuses course direct damage to the environment of market competition, they are the most important regulation target of the anti-monopoly law. Exclusionary abuses express as follows: Predatory pricing, discrimination, refuse to deal, tying and so on. One task of the anti-monopoly law is to regulate the specific abusing behaviors under identifying the dominant position of enterprises. So as to optimize the market competition environment, thereby protecting the legitimate rights and interests of consumers.