Conflicts And Coordination Of Predatory Pricing Laws And Regulations In China

Predatory pricing of below-cost sales for the purpose of grabbing monopoly profits also stipulates that in article 17 of China's "anti-monopoly law" and article 11 of "price law",both provisions take "below-cost" sales as the manifestation of predatory pricing,but there are great differences in the implementation subject,subjective elements,legal liability,scope of exemption and other provisions.Predatory pricing is facing the problem of overlapping of legal provisions in our legal system.However,due to the special relationship between the Anti-monopoly Law and the Price Law,the general principle of resolving overlapping of legal provisions cannot be applied to the legislative regulation of predatory pricing,thus causing the problem of difficult application of legal provisions.In order to solve this problem,while analyzing the conflicts between the two laws on the constitutive requirements of predatory pricing,this paper draws on foreign experience,including the single mode of the United States,that is,there is only a single code and law enforcement agency to regulate it in form,but predatory pricing is actually regarded as unfair competition and monopoly to regulate it at the same time.Japan's mixed mode is similar to China's current mode,i.e predatory pricing is regulated as unfair competition and monopoly under the vision of price law system and anti-monopoly system.The EU's absolute single mode,that is,only predatory pricing is used as a monopoly regulation to abuse the dominant position in the market,and the law enforcement agency is also a single anti-monopoly law enforcement agency.On the basis of clarifying the anti-monopoly purpose of predatory pricing regulation,this paper proposes to establish a predatory pricing regulation mode under an absolute single mode in our country,that is,to return predatory pricing to the anti-monopoly law system for regulation,to standardize the concept and judgment logic of predatory pricing,and to regard the dominant market position of the main body and the possibility of making up losses in the predatory stage as the preconditions for constituting predatory pricing behavior.When these two conditions are not met,Law enforcement agencies do not need to make complicated analysis on intentions and prices,which avoids law enforcement agencies from falling into endless debates on predatory pricing.At the same time,it makes the constitutive requirements of predatory pricing clearer and behavior identification more accurate,thus better maintaining the market order of fair competition.