Definition Of Abuse Of Market Dominant Position In The Petroleum Industry

As the key resource of the state,the oil industry is not only essential to the development of the country,but also an important embodiment of the national comprehensive strength.Our country is in the environment of globalization and economic integration,so it is necessary to regulate the administrative monopoly of the oil industry to accelerate the development of the oil market.The monopoly of the oil industry has its particularity,so it is necessary to establish and perfect the legal system of administrative monopoly and perfect the law enforcement justice.The formation of monopoly of oil industry management system regulation in oil industry is the role of various social factors result in preventing monopoly abuse of market dominance behavior at the same time,to take into account the characteristics and social benefits of the oil industry,formulate correct and effective antitrust laws and policies.This paper is based on the economic globalization and the first oil industry "refused to trade" case as the background for the oil industry,abuse of a dominant market position,in addition to the conclusion,in-depth research from five parts.The first part is introduction.First describes the background and significance of the research,introduces the present situation and development of the oil industry and the Yunnan Ying Ding Co.v.Sinopec case;then analyzes the monopoly of the oil industry in the domestic and international research status and development trend;secondly write methods and ideas of the research in this paper,analysis method and comparative analysis method and historical research method the focus of controversy of the case,analysis of the case leads to the core content in this paper;finally put forward the innovation of this paper,to study the abuse of a dominant market position in the petroleum industry in the form of case.The second part of the definition of the relevant market in the oil industry.Focuses on the relevant market definition and the views of scholars at home and abroad,respectively from the definition of relevant market in comparison,comparison and summary,find out how to define the standards and methods of monopoly characteristics into the oil industry,the court of the foreign and domestic practice,profound analysis and definition of the relevant market case in.The third part is the determination of the dominant position in the oil industry.The third part introduces the same way,first introduced the dominant market position of the definition and the views of scholars at home and abroad,respectively from the comparison of market dominant position;followed by analysis of the oil industry dominant position;finally the court opinion at home and abroad to practice the combination of case is the dominant market position to talk about their own views.The fourth part of the definition of the abuse of dominant market position in the oil industry.According to the third and four part control the basic position of the relevant market,the market is discussed after the whole overview of the abuse of market dominance behavior,including the concept,constitution and legal regulation;legal regulation of the oil industry followed by analysis of the abuse of market dominant position;once again return to the case,make a summary of the case in all aspects the behavior,put forward their views;put forward their own views and suggestions at the end of regulation administrative monopoly of the oil industry is the abuse of market dominance.The fifth part is the inspiration of this case on the abuse of market dominance by the oil industry.From the two aspects of antitrust regulation and bio fuel market access standards in oil industry,this paper summarizes the inspiration of the case to the development of the oil industry.