Research On Damage Liability Of Abuse Of Dominant Market Position

Abuse of dominant market position damages is an important part of law responsibilities due to the operators abuse their dominant market position in China’s "anti-monopoly law". ("Abuse of dominant market position" hereinafter referred to as "abuse") Article 50th of the Act:"implementing monopoly operator, causing losses to others, shall bear civil liability。"This legislation does not make specific provisions about the recognized standards of damages liability of abuse of dominant market position and issues which may being involved in the accountability process. It is clear that the abuse of dominant market position in China for damages system is not perfect。eanwhile, there is not much research on this issue, theories are not mature. How to proceed from the actual situation of our country, learn the countries (regions) mature experience, and improve our anti-monopoly legislation on damage liability abuse of market dominant position, is an urgent subject of study。In addition to this introduction, the total includes four parts.The first part is the theoretical basis for damages of the responsibility for the abuse. This section claims that the abuse liability for damage is an independent economic law responsibility after defining the relevant concepts which is particularly different from other legal obligations. This paper argues that damages of the responsibility for the abuse has a compensatory function of liability for damages, prevention function and the evaluation function. Compensation function is the basic function, and preventive function and evaluation function are the main functions.The second part makes a comparative Study of damages of the responsibility for the abuse. This section claim that damages for China abuses attribute to the principle of presumption of fault, on the basis of comparison in the country (region) abuse, damages, loss of reference and the principle of attribution, we should draw on overseas punitive damages system.The third part introduces our abuse damages tutus quo, existing problems and causes. This part mainly talks about our country’s legislative and judicial status quo about abuse damages, the abuse liability for damages related to the legislative, judicial provisions of problems and adverse consequences of issue. After analyzing, the reasons are the level of economic development and legislative reasons, institutional reasons.The fourth part makes some proposals of perfecting abuse damages. This proposals is about how to perfect damages of the responsibility for the abuse from five aspects which are the application of the principle of liability, loss of range of subject and subject of the claim for compensation, the amount of damages, related systems and measures. China’s double standard of compensation is established according to China’s actual situation.There are there innovations in this paper. The first is the new view, such as, from China’s actual conditions, referencing system of punitive damages, making different standard of compensation about he main claim of the consumer,for 5 times magnification three times and for three times to the relevant market operator. The second is the method of analysis combined case. The latest real case makes a more convincing argument (Baidu company was sued of abusing of dominant market position). The third is the new research point of view. Damages liability on abuse is related to the two departments of Civil and Economic Law. This article analysis damages liability on abuse from the perspective of economic law。...