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The Antitrust Law Study on Abuse of Market Dominance

Author: SunShuai
Tutor: WeiLiuZhu
School: Henan Normal
Course: Economic Law
Keywords: Anti-monopoly law Legislation practice value goal system construction
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 49
Quote: 2
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Abstract


Along with the development of market economy, the market economy system gradually improve competition in the process of developing market economy, the role of more and more important. But force is mutual, marked the situation, there is always this point in the development of the market economy are reflected in particularly important. Competition can promote the perfection of market economy, on the other hand will exist limit limiting competition or trying to destroy competition behavior. This kind of behavior regulating how to protect competition, promote competition to modern competition theory develops gradually perfect foundations.In competition theory in the process of developing and perfecting gradually, the ata arises at the historic moment, because its in market economy countries have a very important position, so they are called as economic constitution. From the perspective of market economy development course, the ata played an important role. On the one hand, the ata optimized for resource allocation and promote national economy development, has an important role in promoting; On the other hand, the ata also safeguard market main body participates in the market competition of legal weapon right to freedom.Under the condition of market economy in China, the ata implementation and issued for our country the development of the socialist market economy, has tremendous implications same socialist characteristic economy determines the anti-monopoly law the status in our legal system. Because in a socialist characteristics under the market economy system, market competition ego adjustment and sufficient degree decides the country’s use of macro-regulation adjustment resource allocation methods and effects, for the development of national economy and the improvement of people’s living standard is of great significance. After a long journey, August 1, 2008 antimonopoly law of the People’s Republic of China "has finally officially implemented. From the beginning, Chinese competition law system will be further perfected and legal means whereby market competition "rules of the game" will give the market competition of participants to determine the behavior criterion, can foresee the legal consequence of the competition and the detailed instructions.But at present in China, the anti-monopoly law field research with the promulgation of the antimonopoly law still lags. A series of market economic environment economic phenomenon will not be affected by the anti-monopoly law enacted and natural exit the stage of history. This article emphatically begin from the economic phenomenon of abuse of dominant market position in China, to elaborate the anti-monopoly work problems and insufficiency, to for China’s legislation and judicial antimonopoly law in the future development of positive significance.

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