滥用市场支配地位行为的关联主体及处罚问题分析

An Analysis of the Affiliated Entities and the Sanctions for Abuse of Market Dominance Behaviors

在滥用市场支配地位行为中,存在关联主体共同实施违法行为,具有市场支配地位经营者利用违法行为向关联公司输送利益的问题。囿于反垄断法对共同主体、共同行为以及法律责任没有明确规定,导致执法上的困境。执法机构应当能动的适用法律,寻求对共同行为和共同主体正确的法律解释,对关联主体的共同滥用市场支配地位行为作出认定和处理,并对修订完善反垄断法提供有益探索。

For abuse of market dominance behaviors, there are issues of some affiliated entities acting together for the same illegal act, and of the dominant undertaking transferring resources or illegal gains to its affiliated entities. The PRC Antimonopoly Law("AML") is unclear about the concepts of single economic entity or common subject, joint behavior and the respective legal consequences for multiple entities involved in the same conduct, which sometimes causes difficulties for the regulators to enforce the AML. The author considers that the regulators shall proactively implement the AML, try to find the right interpretation of the concepts of joint behavior and single economic entity or common subject, to investigate and make a decision on the jointly abuse of market dominance by affiliated entities, and to provide references for the future amendment of the AML.