反垄断法中共同滥用市场支配地位问题比较研究

Comparative Study on Abuse of Joint Dominant Position in Anti-monopoly Law

复杂经济社会中垄断行为的表现是复杂多样的,根据反垄断法,垄断行为可归纳为三个部分:联合限制竞争行为,滥用市场支配地位与企业合并审查。欧共体竞争法提出了共同滥用市场支配地位的概念,将共同滥用市场支配地位与其它垄断行为进行比较,分析和研究其独有的性质和特征,使我们加深了对它的认识,并区别于其它垄断行为。加强对共同滥用市场支配地位行为研究有助于我国反垄断立法与司法实践。

Monopolistic behaviors are products of market economy in the society. Its in the complicated economic society are also complex and numerous. According to anti-monopoly law, monopolistic behaviors are composed of three parts such as merger of enterprises, conspiracy of enterprises, and abuse of dominant position. The definition of abuse of joint dominant position was firstly discussed in ECC competition law. This paper analyzes and studies its characteristic and feature, which make us reach a further understanding and recognizing it＇s distinctions with other behaviors. It is helpful to legislation and execution of China＇s anti-monopoly law by reinforcing research of abuse of joint dominant position.