淺析歐盟競爭法濫用市場支配地位的認定及其對中國反壟斷法的借鑒
發(fā)布時間：2019-01-07 08:59
【摘要】：歐盟競爭法在企業(yè)濫用市場支配地位的認定方面一直走在國際競爭法研究的前端。在數(shù)十年的立法者理論研究和歐洲法院法官的實踐完善后，如今已經(jīng)形成了一套較為先進完整的認定方式，值得世界各國予以借鑒。本文以歐盟基本立法和歐洲法院的案例為基礎(chǔ)，著重分析歐盟競爭法在企業(yè)濫用市場支配地位的認定步驟和方式，主要分為以下幾個部分： 第一章為歐盟競爭法理念及“禁止濫用市場支配地位”概述。在這一章節(jié)中，本文主要論述了歐盟競爭法設(shè)立之初學者之間不同的法律理念、歐盟對濫用市場支配地位立法現(xiàn)狀和立法目標。該章節(jié)主要為讀者提供對歐盟競爭法以及歐盟競爭法中濫用市場支配地位的規(guī)則的一個概要了解。 第二章為歐盟“市場支配地位”的認定及相關(guān)法律問題研究。在這一章節(jié)中，本文首先從企業(yè)的認定方式著手，根據(jù)對認定目標不同類型的分析，確定認定目標是否屬于濫用市場支配地位所規(guī)制的主體。然后，根據(jù)足以替代理論認定相關(guān)市場的范圍以確定目標企業(yè)是否具有市場支配地位。同時還揭示了市場份額在認定企業(yè)是否具有市場支配地位中的作用以及對認定企業(yè)是否具有市場支配地位的相關(guān)因素。 第三章為“濫用”市場支配地位行為的界定及相關(guān)法律問題研究。在這一章節(jié)中，筆者主要分析了具有市場支配地位企業(yè)濫用行為的分類，即掠奪性濫用行為和排他性濫用行為，以及具有市場支配地位的企業(yè)實施濫用的認定方式。同時分析了被認定實施濫用行為的具有市場支配地位的企業(yè)被予以豁免的情形。 第四章為我國“濫用市場支配地位”的認定及完善措施。在這一章節(jié)中，筆者主要分析了我國《反壟斷法》在濫用市場支配地位的立法現(xiàn)狀、我國《反壟斷法》在認定企業(yè)是否具有市場支配地位的認定方式以及我國認定方式的不足之處。最后，，筆者結(jié)合本文上述三章對于歐盟濫用市場支配地位行為的認定方式的分析，將歐盟先進而完善的認定方式借鑒到我國《反壟斷法》濫用市場支配地位的立法中來，針對本章節(jié)中所指出的中國《反壟斷法》的立法不足之處提出自己的建議。
[Abstract]:The European Union competition law is always in the front end of international competition law research in the aspect of enterprises abusing the dominant position in the market. After decades of theoretical research on legislators and the perfection of the practice of judges of the European Court of Justice, a set of more advanced and complete identification methods have been formed, which is worthy of reference by all countries in the world. Based on the basic legislation of the European Union and the case of the European Court of Justice, this paper focuses on the determination of the market dominant position of the European Union competition law in enterprises. It is mainly divided into the following parts: the first chapter is an overview of the concept of EU competition law and the prohibition of abusing market dominance. In this chapter, this paper mainly discusses the different legal concepts among the beginners of the establishment of EU competition law, the current situation of EU legislation on abuse of market dominant position and its legislative objectives. This chapter provides readers with an overview of EU competition law and the rules of abuse of market dominance in EU competition law. The second chapter is the determination of the market dominance of the European Union and the study of relevant legal issues. In this chapter, this paper begins with the identification of enterprises, according to the analysis of different types of identified objectives, to determine whether the identified objectives belong to the subject of abuse of dominant position of the market. Then, according to the sufficient substitution theory to determine the scope of the relevant market to determine whether the target firm has a dominant position in the market. At the same time, it also reveals the role of market share in determining whether an enterprise has a dominant position in the market and the relevant factors in determining whether an enterprise has a dominant position in the market. The third chapter is the definition of "abuse" of the dominant position of the market and related legal issues. In this chapter, the author mainly analyzes the classification of abuse behavior of enterprises with market dominant position, namely predatory abuse and exclusive abuse, as well as the identification of abuse by enterprises with dominant market position. At the same time, it analyzes the situation that enterprises with market dominant position are exempted from abuse. The fourth chapter is our country "abuse market dominant position" the confirmation and the consummation measure. In this chapter, the author mainly analyzes the current legislative situation of abusing the dominant position of the market in China's Anti-monopoly Law. The Anti-monopoly Law of our country determines whether the enterprise has the dominant position in the market and the deficiency of the way in our country. Finally, based on the analysis of the three chapters above, the author uses the advanced and perfect identification method of EU for reference in the legislation of abusing the dominant position of market in the Anti-monopoly Law of our country. This chapter points out the legislative deficiencies of China's Anti-Monopoly Law and puts forward its own suggestions.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D922.294;D996
本文編號：2403478
[Abstract]:The European Union competition law is always in the front end of international competition law research in the aspect of enterprises abusing the dominant position in the market. After decades of theoretical research on legislators and the perfection of the practice of judges of the European Court of Justice, a set of more advanced and complete identification methods have been formed, which is worthy of reference by all countries in the world. Based on the basic legislation of the European Union and the case of the European Court of Justice, this paper focuses on the determination of the market dominant position of the European Union competition law in enterprises. It is mainly divided into the following parts: the first chapter is an overview of the concept of EU competition law and the prohibition of abusing market dominance. In this chapter, this paper mainly discusses the different legal concepts among the beginners of the establishment of EU competition law, the current situation of EU legislation on abuse of market dominant position and its legislative objectives. This chapter provides readers with an overview of EU competition law and the rules of abuse of market dominance in EU competition law. The second chapter is the determination of the market dominance of the European Union and the study of relevant legal issues. In this chapter, this paper begins with the identification of enterprises, according to the analysis of different types of identified objectives, to determine whether the identified objectives belong to the subject of abuse of dominant position of the market. Then, according to the sufficient substitution theory to determine the scope of the relevant market to determine whether the target firm has a dominant position in the market. At the same time, it also reveals the role of market share in determining whether an enterprise has a dominant position in the market and the relevant factors in determining whether an enterprise has a dominant position in the market. The third chapter is the definition of "abuse" of the dominant position of the market and related legal issues. In this chapter, the author mainly analyzes the classification of abuse behavior of enterprises with market dominant position, namely predatory abuse and exclusive abuse, as well as the identification of abuse by enterprises with dominant market position. At the same time, it analyzes the situation that enterprises with market dominant position are exempted from abuse. The fourth chapter is our country "abuse market dominant position" the confirmation and the consummation measure. In this chapter, the author mainly analyzes the current legislative situation of abusing the dominant position of the market in China's Anti-monopoly Law. The Anti-monopoly Law of our country determines whether the enterprise has the dominant position in the market and the deficiency of the way in our country. Finally, based on the analysis of the three chapters above, the author uses the advanced and perfect identification method of EU for reference in the legislation of abusing the dominant position of market in the Anti-monopoly Law of our country. This chapter points out the legislative deficiencies of China's Anti-Monopoly Law and puts forward its own suggestions.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D922.294;D996
【引證文獻】
相關(guān)碩士學位論文 前1條
1 張會婕;歐盟對濫用市場支配地位行為的競爭法規(guī)制及對中國反壟斷法的反思[D];中國政法大學;2013年
本文編號：2403478
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