Function Analysis on the Rechtswidrigkeit of Abuses of Dominant Market Positions
|Keywords||abuse of dominant market positions function analysis mathematicalmodel burden of proof|
National Development and Reform Commission (NDRC) stated that China Telecom and China Unicom suspected monopoly, in CCTV report on November9,2011. The event raised many discussions from all circles. The article analyses the China Telecom and China Unicom anti-monopoly case on function analysis in the legal basis.First, legal analysis on abuses of dominant market positions, the most important is analysis on the requirements of abuses of dominant market positions. The requirements is the mode of "subject—behavior—consequence"Secondly, establish the mathematical model on abuses of dominant market positions in the basis of legal analysis. Assume variables, analyse variables, then find the relations in the variables, finally establish the mathematical model. Thirdly, apply the mathematical model to the China Telecom and China Unicom anti-monopoly. According to the known facts and evidence, assign to the variables in the model, then get conclusion by logic operation.Finally, through application the mathematical model, I find the process of assignment values to variables in the model actually is the process of proof. The difficulties of proof led to the difficulties of the assignment. Therefore, author analyses the allocation of the burden of proof about abuse of dominant market positions.