中澳反垄断滥用市场支配地位规制立法比较

滥用市场支配地位是反垄断法三大支柱之一,在反垄断法中具有举足轻重的地位。中澳规制滥用市场支配地位制度立法不尽相同。澳大利亚与中国不同未设立市场支配地位推定制度。澳大利亚反垄断立法认定滥用市场支配地位采取过错责任原则,而中国适应严格责任原则。澳大利亚反垄断法对滥用市场支配地位的处罚幅度大于中国立法。中国反垄断法应坚持市场支配地位推定制度及严格责任原则、对滥用市场支配地位加大处罚力度并规定刑事责任。

Comparative Study of Abuse of Dominant Position between Australia and China

As one of three pillars of anti-monopoly law, abuse of dominant position takes an absolute important position in the act. The differentiated legislature exists between in Australia and in China. The presumption system is not regulated in Australian act, which is different with Chinese ones. Fault liability is acted in Australian law, but strict ones in Chinese act. Actually, the punishment in Australian is much stricter than that in China. Chinese regulation of abuse of dominant position should keep fault and strict liability, and increase the efforts of punishment. Criminal liability is suggested to be included.