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Study on the Case of Price Discrimination Behavior of the Telecommunication Operator

Author: ZhaoZiHan
Tutor: ShengXueJun
School: Southwest University of Political Science
Course: Legal
Keywords: Price discrimination Dominant market position Antitrust lawsuit Public Interest Litigation
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 123
Quote: 0
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Abstract


Price discrimination is common behavior in socio-economic activities . In the anti-monopoly law violations , enterprises have a monopoly price discrimination is an abuse of a dominant market position . How to distinguish between acts of price discrimination , price discrimination illegal behavior in normal economic activities , and how to maintain the normal order of competition through antitrust litigation , relief to victims of individual interests , thus safeguarding the welfare of society as a whole , is a problem worthy of study . The time of implementation of China's \judicial practice , research in this area is still weak. This article is based on the life of a real case . The author based on the facts of the case and the plaintiff sued the law , the plaintiff and defendant in the litigation in the focus of controversy and court opinions , gives his own views and evaluation use what they learn on the related issues for both the present case reflects new problems and new situations raised legal countermeasures . The article is divided into three parts . The first section describes the basic circumstances of the case of the telecom operators price discrimination case , and summed up the Views and the main reason ; second part is to proceed from the price discrimination price discrimination on the distinction between economics and Antitrust Law , discusses the case in the definition of the relevant market and the identification of a dominant market position , from a practical perspective , analysis and commentary on the legitimacy of the defense , and the defendant ; third part focused on antitrust litigation orderly manner Expand the focus on the qualifications of the plaintiff in the antitrust lawsuit litigation , the configuration of the jurisdiction of the Court , the allocation of the burden of proof of the litigants described on antitrust litigation in the future may be involved in the anti-monopoly investigation procedures and publicity program discussed try to suggest both from the theoretical and practical aspects of the improvement of our antitrust litigation .

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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