MRLC Series of Workshop Phrase V: Theory and Legal Practice of Relative Market Power was Held Successfully in Law School of RUC

2016.11.28 - 2016.11.28

On November 28th, 2016, China-Korea Market and Regulation Law Center (MRLC) series of workshop phrase V: “Theory and Legal Practice of Relative Market Power” was held successfully in Room 602 of Mingde Law Building of Renmin University.

This lecture was held by Professor Meng Yanbei of Renmin Law School. Lawyer Christoph Wuenschmann, who comes from Germany office of Hogan Lovells International Law Firm, was the speakers of this lecture. The lecture invited SAIC officers Ms Cai Feiyi and Ms Zhang Dan, Professor Dai Long from China University of Political Science and Law, Professor Han Liyu from Renmin Law School, Chief Economist Mr. Wu Xuliang of Tencent Competition Policy Office, Partner Lawyer Adrian EMCH of Hogan Lovells, Economist Ms. Wang Xiaoru of COMPASS LEXECON, Ms. Wang Xiaohui of Google, Mr. Dong Dudu, Postdoctoral researcher of Renmin Economics School, and Ph.D Mr. Zhong Zhou.

 

Mr. Christoph Wuenschmann first gave a brief introduction on the relationship between market dominance and relative market power in Germany and then introduced the conditions of application of the comparative advantage, especially dependence and the SME aspects. He pointed out that the definition of dependence needs to be based on complex economic analysis. And its manifestations were mainly based on four aspects, including product or brand dependency, dependency on business partner, dependency on buyer, and shortage dependency. As the Germany law on the definition of SME is not clearly defined, it must be defined case by case. Finally, Christoph used cases to clarify the abstract concept of “comparative advantage”. He explained three typical abuses by asking for special conditions, including demanding special conditions, discriminatory rebates, best price clause of online-platform.

On the basis of the introduction of legislation and practice on the relative dominance of the abuse of comparative advantage in German, the guests combined with the reality of China's legislation and practice, the abuse of comparative advantage from various perspectives, such as government, business and law. They also proposed different opinions and views on the revision of China's Anti-Unfair Competition Law and the choice of path to regulate the abuse of comparative advantage status. The symposium ended successfully in the process of comparing international experience with domestic practice.