On The Anti-monopoly Regulation On The Abuse Of Market Dominant Position

Anti-abuse of dominant positions of market power is one of three important component of the anti-monopoly.Has a significant effect on maintaining the competition order of market, protecting consumer and protecting the interests of fair business. Along with the development of China's market economy, the market economic system improving constantly, competition in the market growing, various kinds of the abuse of market dominant position have emerged in China's economy life. How to regulate the abuses of enterprises of China and ensure the good performance of the competition system of the market have become imperative.It is gratifying that the "People's Republic of China anti-monopoly law", which have been implemented since August 1,2008, have regulated the abuse of dominant market position; make up a blank in China's law system. But there are many problems in implementing the law, because the development of China's market economy is still not perfect, legislation for only a short time and lack of experience in law enforcement. This paper propose anti-monopoly law on our country's perfect suggestions and ideas starting from the basic theory of the abuse of dominant market position through introducing the status of the abuse of dominant market position on foreign and international.Besides the preface and the conclusion, the content is divided into four parts in order to fulfill a thorough research in prohibition of abuse of dominant position.Partâ… is an overview about market dominance. Starting with how to identify a dominant market position, the paper introduces the four expressions of dominant market position, discusses the influence factor of the dominant market option, lay out a recognizing standard, which should be called "the main factor in market share, market access barriers to secondary factors, taking into account other influencing factors".Partâ…¡is about anti-monopoly law on abuse of dominant market position. Dominant market position itself is not the target which the anti-monopoly law regulates, only when it is abused. This part, starting with analysis the behavior of the abuse of market dominance, from the principle those considerations, introducing the main identify standards on foreign and international, combining specific case, generalize the anti-monopoly law on abuse of market dominant form of expression.Partâ…¢of the Regulation is divided into the abuse of market dominance in different ways and legislative system analysis. First of all, discussing the theoretical foundation of regulating the abuse of dominant market position from economics and law. Secondly, exploring the system in practice, an important value; then introducing a representation of some of the country at the anti-monopoly law regulating the abuse of market dominance and various legislative styles. Proposing the conception witch based on the construction of our country.The fourth part is the consummation ponders for abuses the market control status to our country anti-monopoly law rules and regulations. As the development of China's market economy and the continuous development, there is variety of enterprises from abusing its dominant reality of the situation. But it is not imperfect in our country's regulating the abuse of dominant market position in law. This part puts forward proposals to improve in regulating the abuse of dominant market position of our country, based on China's legislation and law enforcement the actual situation.Finally part is some concluding remarks. The author summed up the article studies the theory and his own views, hoping to do something on further development of our country.