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Regular version of the site

Article

滥用优势地位与反垄断法的适用

Competition Policy Research. 2016. Vol. 7. No. 3. P. 64-75.

Superior bargaining power arises when one trading partner becomes dependent on the other. It can be
abused to exploit the counterparty or to grab profi ts within a product value chain. It is necessary to apply anti-monopoly
law to superior bargaining power because, firstly, abuse of a superior bargaining power distorts the product value chain
and, finally, leads to higher prices or a decline in product quality. When superior bargaining power originates from an
intellectual property right, its abuse will hinder both the application of the subject technology and competition in adjacent
or downstream markets. Secondly, the economic relationships that abuse of superior bargaining power covers are often
macroscopical. Compared to other laws and legislative proposals, anti-monopoly law is the most appropriate way to
regulate superior bargaining power.