A Study of Regulations of Price Discrimination in Competition Law

• Main Authors: Mei-ChuehLiu, 劉美雀
• Other Authors: Yi-Tien Lin
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/77648104783324375824

碩士 === 國立成功大學 === 科技法律研究所 === 98 === With the revolution of marketing channels and development of economic during the past decades, the sales method of domestic commodity has gradually been changed from traditional independent wholesalers or retailers to large multiproduct retailers, who are the main stream in the market. The situation of traditional strong sellers who dominate the marke, due to the changes of trade mode, has made conduct of price discrimination more complex. Meeeting such large multiproduct retailers with relative buying power, sellers may constraint competition or abuse its dominant position to refuse to deal improperly or make price discrimination improperly or set other discriminatory conditions improperly. It seems possibly to be a violation of competition law. Any company with market power, even though it is not a monopoly yet, still has great economic power essentially to make price discrimination to its suppliers/buyers and raise the highly prediction of constrainting competition. In Taiwan, the competition law is designed to ”forbid improperly price discrimination” with clauses and regulates proclaimed in writing. This thesis will first introduce the concept of price discrimination, its difference from other concepts and specific categories. Second, the purpose of price discrimination will be discussed and analyzed from economic viewpoint to realize its possible effects to the market. Third, the history and application of the United States’ legislation in competition law is intorduced. Fourth, we will review cases of price discrimination and how they were regulated by Fair Trade Commission in Taiwan. Finally, to controvesial cases in practice, we will suggest an appropriate allocation of market resourses by the government’s intervention.