我国银行业滥用市场支配地位的反垄断法分析

我国银行业的竞争日益激烈，然而又频频出现银行依据自身在特定条件下的优势地位损害消费者利益的行为，这种行为符合《反垄断法》规制的“滥用市场支配地位”的行为。银行业相关市场的构成应考虑产品和地域因素，市场支配地位的认定应结合我国的具体国情，判断滥用行为应正确区分合理正当的商业经营行为与限制、排除竞争的经营行为。

An Analysis of Abusing Dominant Market Positions for Chinas Banking Industry from the Perspective of Antimonopoly Law

The competition among commercial banks is becoming increasingly fierce. However, some commercial banks frequently abuse their specific privileges to damage consumers＂ interest. These conducts fall within the scope of ＂ abusing dominant market positions＂. The composing factors of banking - related market include product factor and geography factor and the determination of dominant market positions must be integrated with the specific practice of China. And the judgment of abusing behavior shall distinguish reasonable business behavior from competition restricting and excluding behavior.