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Academic Journal of Humanities & Social Sciences, 2023, 6(10); doi: 10.25236/AJHSS.2023.061002.

Research on the Antitrust Regulation of Unfair High Prices in the Field of API

Author(s)

Jieyu Wang

Corresponding Author:
Jieyu Wang
Affiliation(s)

School of Public Affairs, University of Science and Technology of China, Hefei, 230026, China

Abstract

The low elasticity of commodity demand and distorted market structure of APIs are the root causes of frequent unfair high price behavior. It is an urgent problem to eliminate such illegal activities and activate effective competition. Antitrust regulation is intended to stimulate competition with the most modest remedies possible. Ordering the cessation of an offence can prevent the further expansion of the consequences of damage in a timely manner, but the rules are too vague and should be properly refined, namely, to identify feasible measures of cessation and increase the burden of non-compliance with the obligation of cessation. But the actual market behavior is very complex, the single relief measure is difficult to deal with properly. The divestiture remedy, in the short-term direct introduction of competitors. Make it a supplementary remedy to deal with “Persistent diseases”. Proper law enforcement purposes must be implemented by proper law enforcement procedures. The active participation of operators in the debate is an important part of the evidence defense, in the different views of the balance of interests. At the same time, law enforcement agencies should guide operators to build an effective anti-monopoly compliance system to remedy the lack of ex post relief.

Keywords

Unfair high price, Divestiture remedy, Anti-monopoly compliance system

Cite This Paper

Jieyu Wang. Research on the Antitrust Regulation of Unfair High Prices in the Field of API. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 10: 6-12. https://doi.org/10.25236/AJHSS.2023.061002.

References

[1] Li Xiaoming. (2007) Research on the Illegal Identification of Abusing Market Dominant Position in the Anti-Monopoly Law[J]. Hebei Law Journal, 11, 94-99. 

[2] Ding Maozhong. (2021) Positioning the System of Prohibiting the Abuse of Market Dominant Position [J]. Legal System and Social Development, 4, 210-224. 

[3] Jiao Haitao. (2008) On the Procedural Dependence of Modern Anti-Monopoly Law[J]. Modern Law, 1, 51-63. 

[4] Wang Yingying. (2015 )Research on the Necessary Restrictive Conditions for the Application of Anti-Monopoly Law to Ultra High Pricing Behavior [J]. Journal of Guangxi Political and Legal Management Cadre College, 5, 87-96. 

[5] Wang Xiaoye. (2008) Anti-Monopoly Control of exploitative abuse[J]. Price Theory and Practice, 10, 21-22. 

[6] Xu Guangyao. (2018) Analysis of Anti-Monopoly Law on Predatory Pricing Behavior[J]. Political and Legal Treatise, 2, 50-60. 

[7] Jiao Haitao. (2020) Introduction of the Principle of Proportionality in the Revision of Chinese Anti-Monopoly Law [J]. Journal of East Chinese University of Political Science and Law, 2, 29-49. 

[8] Tang Zhouqi. (2012) Regulations on the Abuse of Market Dominance through Price Cartels: An Analysis Based on the Case of Shandong Pharmaceutical Enterprises[J]. Academic Theory, 17, 119-120. 

[9] Wang Jian, Zhang Jing. (2016) Deterrence Theory and the Improvement of Chinese Anti-Monopoly Penalty System: A Research Approach to Law and Economics[J]. Journal of Northwest University of Political Science and Law, 4,124-136. 

[10] Li Jian. (2022) Deterrence and Uncertainty - Review of Legal Liability Provisions in the New Anti-Monopoly Law[J].  Contemporary Law, 6, 133-144. 

[11] Huang Yong(2012) Chinese Enterprises Should Strengthen Their Awareness of Anti Price Monopoly Compliance[J]. Price Theory and Practice, 1, 1. 

[12] Li Xin. (2022) The Absence and Correction of Remedial Measures in Chinese Anti-Monopoly Law [J].  Competition Policy Research, 02, 63-75. 

[13] Liao Xiaochen. (2014) Study on Legal Issues of Structural Remedies in AntiMonopoly Review [D].  Thesis of Southwest University of Political Science and Law. 

[14] Li Zhongbin. (2002) On the Principle of Rationality and Chinese Anti-Monopoly Law[J]. Research on Chinese Business Administration, 10, 23-26. 

[15] Chen Ruihua. (2022) Two Models of Effective Compliance Management[J]. Legal System and Social Development, 1, 5-24. 

[16] Yu Ling. (2015) The Establishment Path of Enterprise Anti-Monopoly Compliance System[J]. Social Science, 5,81-89. 

[17] Fang Xiang. (2020) Theoretical Interpretation of Competition Compliance and Chinese Plan[J].  Journal of Anhui Normal University (Humanities and Social Sciences Edition), 4, 48-59. 

[18] Chen Ruihua. (2022) Two Models of Effective Compliance Management[J]. Legal System and Social Development, 5-24.