CURRENT PRACTICES IN ENFORCING LAWS AGAINST ABUSE OF A DOMINANT POSITION

Abstract

In a market economy, enterprises are free to enter into contractual relationships, and transactions involving enterprises holding a monopoly position occur frequently. In order to help contracting parties better understand competition law when entering into contracts with enterprises in a monopoly position, this article analyzes the legal provisions governing the abuse of a monopoly position. Specifically, it focuses on the act of abusing a monopoly position to unilaterally amend or terminate an already concluded contract without legitimate reasons. On that basis, the article identifies the relevant legal grounds and competition law regulations, highlights existing shortcomings, and proposes recommendations and solutions to further improve the current legal framework.