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By The“intel Lawsuits”on the Absue of Dominant Market Position Exclusive Dealing

Author: CaoJian
Tutor: LiJian
School: Shanghai Jiaotong University
Course: Legal
Keywords: Intel lawsuits anti-monopoly law dominant market position exclusive dealing
CLC: D922.294
Type: Master's thesis
Year: 2010
Downloads: 214
Quote: 1
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Abstract


Intel, on a global scale, triggered a series of anti-trust litigation, is charged with providing sales rebates to restrict competition, and by coercive means to Monopolize the market. Focal point of the proceedings is whether the implementation of Intel’s monopolistic behavior prohibited by anti-trust law, and whether the penalty on the legality of the Intel Corporation is reasonable. The world monopoly behaviors prohibited by anti-trust law are essentially three types, which are monopoly operator to reach an agreement, abuse of dominant market position, with the effect of restricting competition, and concentration of business operators. Acts of abuse of market dominance by the six main forms of research, we find that Intel’s most exclusive transactions may involve acts; On this basis, under reasonable rule, on the exclusive standards of conduct transactions analysis found that the first should have dominant market position, followed by the implementation of the abuse of market dominance exclusive deal was actually led to anti-competitive results. Intel can be found to a series of acts complained of abuse of dominant market position, consistent with exclusive transactions, components, has limited the development of potential competition, affect the overall industrial development, harm the legitimate interests of consumers and other hazards, must be regulated. Then compared the relevant provisions of China’s anti-trust law, abuse of dominant market position to give personal monopoly on the handling of the proposed transactions, or improve the areas of regulation, increasing penalties, increasing the transparency of law enforcement.

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