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禁止滥用市场支配地位制度在国际航运领域有重要的现实意义。为更好解决有关竞争事件,完善航运竞争法律制度,以我国《反垄断法》为基础,结合新近出台的我国配套法规,并借鉴欧盟、美国等国家和地区的理论、立法和司法实践的新发展,重点分析该项制度各主要构成要素的认定,以及其在国际航运中的体现和运用。各项构成要素在符合基础法律要求外,还应当体现航运特点。
Prohibiting the abuse of market dominance has important practical significance in the field of international shipping. In order to better solve the competition events and improve the legal system of shipping competition, based on China’s “Anti-monopoly Law”, in combination with the newly introduced supporting laws and regulations in our country and drawing lessons from the theoretical, legislative and judicial practices in the EU, the United States and other countries and regions Development, focusing on the identification of the major elements of the system, as well as its manifestation and application in international shipping. In addition to complying with the basic legal requirements, each component should also reflect the characteristics of shipping.