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The Regulation on Abuse of Dominant Position Analyzed

Author: FanZhiQiang
Tutor: XuGuangYao
School: Hunan University
Course: International law
Keywords: Anti-monopoly law Dominant market position Abuse Refusal to supply Binding
CLC: D922.294
Type: Master's thesis
Year: 2009
Downloads: 232
Quote: 1
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Abstract


Abuse of a dominant market position , has a dominant market forces , and its advantage is limited or crowding out other competitors to participate in competitive behavior . In China's anti-monopoly law is still in its infancy when , drawing on the practices of rich experience in this country or region , and no doubt will give China 's anti - monopoly law enforcement benefits . EU Microsoft case, the anti-monopoly law history is a typical case of abuse of a dominant market position of regulation , the case due to the Sun's request to Microsoft to disclose relevant compatibility information , after being rejected by appeal to the European Commission , the Commission finds that Microsoft's implementation of the two types of abuse , that the refusal to supply and bundling , Microsoft refused to accept the resolutions of the Commission to the European Court of Justice to prosecute . Subject first to do an analysis of the basic principles of the antitrust case involves , mainly including the definition of the relevant market , the definition of a dominant market position , dominance abuse defined . Secondly, mainly on the two types of dominant position abuse of elements , (1) refusal to supply and authorize others to use the compatibility information abuse , mainly on the compatibility information essential to eliminate competition in the downstream market , new products and does not have the objective reasonableness ; (2) Windows media player bundled in the Windows operating system on sales of abuse , mainly on bundling and bundled products belong to two separate products , forced trading , exclusion of competition and does not have the objective reasonableness . Furthermore , based on the case analysis, the proposed Chinese anti-monopoly law in the implementation of reference value . In case of abuse of a dominant market position antitrust regulatory resolve to deepen the theoretical and practical understanding of the Antitrust Regulation abuse market dominance , the to provide operability reference value for China's \

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