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A Study on the Legal Regulation of Predatory Pricing

Author: ZhaoZuo
Tutor: HuJiaQiang
School: Ocean University of China
Course: Economic Law
Keywords: Predatory pricing Anti-monopoly law Legal Regulation
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 55
Quote: 0
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Abstract


Unfair competition acts as a typical abuse of market dominance, predatory pricing, not only in the short-term damage to the interests of competitors, in the long run, will definitely lead to the destruction of the damage to the interests of the majority of consumers, as well as the market competition order. In our country, \This article from the point of view of jurisprudence, law and economics of predatory pricing behavior research, comprehensive analysis of domestic and international research on predatory pricing and the legislative status quo, to make a more detailed analysis of the lack of predatory pricing law system in China and its perfect and defined. The first part of the article a different point of view, the United States, the European Union and other countries of the definition of predatory pricing, and domestic scholars to come to a definition of predatory pricing. Under the premise of the basic concept, the article summarizes the basic characteristics of predatory pricing behavior summarized as the dominance of the actors, direct intent to exclude competitors subjective and objective implementation of the unreasonably low price sales, relevant market competition caused damage late to compensate for the possibility of five. And distinguish predatory pricing and dumping, price discrimination and other acts from the actors, scope, identification standards. A comprehensive analysis of the first part of the article on the basis of the theoretical basis of predatory pricing, given the overall framework of predatory pricing behavior. Second part of the article from the point of view of economics, the relationship between predatory pricing and independent pricing, price competition, monopoly analysis, and the effects of the different views held by the Western Industrial Organization of the University of the abolition party predatory pricing . Finally, the use of the newly three econometric models were analyzed and predatory pricing, predatory pricing information is not sufficient under the premise the conclusion of rational strategic behavior of operators. The third part of the article on predatory pricing legal analysis mainly includes four aspects: First, the nature of predatory pricing and economic law from the civil law point of view, respectively. I believe that, from a civil law perspective, TORT predatory pricing. Law from predatory pricing behavior is a violation of the legal interests of the community. Secondly, based on the legal nature of the predatory pricing that the predatory pricing distorts the market price mechanism, resulting in the loss of a social welfare component, and violations of the legitimate rights and interests of consumers. Again, the three common practice identified standard analysis. Finally, analysis of predatory pricing in the four statutory defenses, it also made some other exceptional reasons for the exemption. The fourth part of the article by the review and summarize the previous jurisprudence of the EU, the interpretation of the provisions of EU competition law, draw the basic legal framework of the EU in the field of predatory pricing and predatory necessarily constitute the framework of existing below-cost pricing higher than the costs, but has the exclusive intent identified Comment made illegal and the possibility of compensation does not constitute the three major issues identified predatory factors. Fifth part, the status quo of the articles on the legal regulation of predatory pricing combing, and research and analysis, pointed out that our current laws exist conceptually vague, unscientific recognized standards, not as individual enterprises cost to the average cost of average cost or industry reasonable, the implementing agency is not uniform inadequacies. To solve the above problem, the following suggestions, mainly including clear predatory pricing and the recognized standards and improve judicial mechanism, strictly corresponding legal responsibility explicitly execute the four institutions.

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