浅析欧盟竞争法滥用市场支配地位的认定及其对中国反垄断法的借鉴
发布时间：2019-01-07 08:59
【摘要】：欧盟竞争法在企业滥用市场支配地位的认定方面一直走在国际竞争法研究的前端。在数十年的立法者理论研究和欧洲法院法官的实践完善后，如今已经形成了一套较为先进完整的认定方式，值得世界各国予以借鉴。本文以欧盟基本立法和欧洲法院的案例为基础，着重分析欧盟竞争法在企业滥用市场支配地位的认定步骤和方式，主要分为以下几个部分： 第一章为欧盟竞争法理念及“禁止滥用市场支配地位”概述。在这一章节中，本文主要论述了欧盟竞争法设立之初学者之间不同的法律理念、欧盟对滥用市场支配地位立法现状和立法目标。该章节主要为读者提供对欧盟竞争法以及欧盟竞争法中滥用市场支配地位的规则的一个概要了解。 第二章为欧盟“市场支配地位”的认定及相关法律问题研究。在这一章节中，本文首先从企业的认定方式着手，根据对认定目标不同类型的分析，确定认定目标是否属于滥用市场支配地位所规制的主体。然后，根据足以替代理论认定相关市场的范围以确定目标企业是否具有市场支配地位。同时还揭示了市场份额在认定企业是否具有市场支配地位中的作用以及对认定企业是否具有市场支配地位的相关因素。 第三章为“滥用”市场支配地位行为的界定及相关法律问题研究。在这一章节中，笔者主要分析了具有市场支配地位企业滥用行为的分类，即掠夺性滥用行为和排他性滥用行为，以及具有市场支配地位的企业实施滥用的认定方式。同时分析了被认定实施滥用行为的具有市场支配地位的企业被予以豁免的情形。 第四章为我国“滥用市场支配地位”的认定及完善措施。在这一章节中，笔者主要分析了我国《反垄断法》在滥用市场支配地位的立法现状、我国《反垄断法》在认定企业是否具有市场支配地位的认定方式以及我国认定方式的不足之处。最后，，笔者结合本文上述三章对于欧盟滥用市场支配地位行为的认定方式的分析，将欧盟先进而完善的认定方式借鉴到我国《反垄断法》滥用市场支配地位的立法中来，针对本章节中所指出的中国《反垄断法》的立法不足之处提出自己的建议。
[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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.294;D996
本文编号：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.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D922.294;D996
【引证文献】
相关硕士学位论文 前1条
1 张会婕;欧盟对滥用市场支配地位行为的竞争法规制及对中国反垄断法的反思[D];中国政法大学;2013年
本文编号：2403478
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