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Research Of Antitrust Legal Regulations On Abuse Of Market Dominant Position In Two-sided Markets

Posted on:2017-08-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:S N WangFull Text:PDF
GTID:1366330515989811Subject:Law, economic law
Abstract/Summary:PDF Full Text Request
Since 1990s,based on information technology revolution and economic globalization,the rapid development of the new economy has been fostering driving forces for economic growth and innovation.At the same time,the emerging new business models derived from it have a profound impact on people's life style and consumption concept.Platform enterprises lead the trend of modern economic development with its successful business model.The e-commerce platforms,such as Ebay,Eachnet and Taobao,serve both the supply market and the demand market.The web search platforms,such as Google,Baidu and Sogo,serve both the online advertising market and the web search market.The bank card platforms,such as MasterCard,Visa and China UnionPay,serve both the issuing market composed of issuing bank and cardholders and acquiring market composed of merchants and acquiring bank.The recruitment marketing platforms,such as Zhaopin,51 Job and Liepin,serves both the talent demand market and the job market.The foregoing platforms having two distinct user groups and providing each other with network benefits are called two-sided markets which have gained wide attention and have been researched in the economic circles since the 21st century.In the two-sided markets,the two markets of the platform have complementary advantages and exhibit the cross network effects.The Platform in the two-sided markets operates completely different price competition strategies for the two markets.The antimonopoly law based on the traditional economic theory of one-sided market does not take into consideration factors of two-sided markets.Market competition has new intension and extension under the circumstance of two-sided markets.Therefore,a great important research subject in antimonopoly law theory research and practice is offering suggestions for antimonopoly law concerning the improvement in the legal system of prohibition of abuse of dominant market position through studying the development and operating principles of two-sided markets and antimonopoly legal regulation theory of abuses of market dominance in two-sided market.This paper,taking the theory of prohibition of abuses of market dominance as the main line and composed of seven parts,describes the legal issues concerning the application of the two-sided markets.The first chapter is the introduction,the chapter 2-6 are the text and the last part is the conclusion.The main content of each part is as follows:Chapter 1 Introduction.The background of fixing the subject of this paper is the Qihoo v.Tencent monopoly case and how the two-sided markets theory affects the cases of abusing market dominance.With the development of two-sided market business pattern,the abuses of market dominance deeply harms the market competition order and consumer benefits and impedes the healthy development of the two-sided markets.The purpose of this paper is to improve the antimonopoly principles of regulating the abuses of the market dominance under the two-sided markets,and furthermore provide support for the antimonopoly judicial practice and enforcement.The literature review shows that the current research hasn't pay much attention to the application of antimonopoly law under the two-sided markets.This paper researches systematically on the legal issues of abuses of market dominance under the two sided-markets by different methods,such as economic analysis law,comparative study and specific cases studying.Part 2 Concise description of two-sided markets theory.The great difference between the two-sided markets theory and the traditional one-sided market theory,is the economic theoretical basis of the research of this paper.This paper presents clear definitions of the basic concepts,such as cross network effects,asymmetric price structure,analyzes the characters displayed in specific industries,and the normal competition strategies taken by the platform enterprises.Part 3 Basic theoretical problems arising from the practice of the traditional principle of prohibition of abuses of market dominance under two-sided markets are discussed in this part.As part of the antimonopoly theory,the principle of prohibition of abuse of dominant market position is inseparable from the economic and social development.As a new field of industrial economics,the two-sided markets theory has new requirements for its practice under new economic circumstances.The basic view of this paper is that the principle of the prohibition of abuse of dominant market position is applicable in two-sided markets on the whole,but the speciality of two-sided markets should be highly concerned while analyzing the specific structures and activities.The normal business activities of the platforms shall not be mistaken for monopoly activities,and meanwhile the concept of two-sided markets shall not be abused and then indulge the monopoly activities should be punished by antimonopoly laws be indulged.Part 4 Definition of dominant market position in two-sided markets.Defining dominant market position,the essential of which is to analyze the imputation basis of monopoly behaviors,is the first step of the practice of the theory of prohibition of abuse of dominant market position.In this part,the influence of the characters of the two-sided markets on the defining relevant market and the mainstream methods of defining relevant market under two-sided market by the economic and the legal circles are discussed.A new method of defining relevant market is presented,and the view of steering away from defining relevant market and using evidences to define market dominance directly is analyzed.Furthermore,the factors in defining dominant market position,such as market share,market barrier,cross-side network effects and time factors,are discussed under the two-sided markets.Part 5 Abuse of price in the two-sided markets.In the two-sided markets,since the asymmetric price structure strategy is being taken,the platform enterprises set high price at one side,but at the same time set low price or charge free at the other side.This character of pricing may mislead the antimonopoly laws while regulating the aggressive pricing and the predatory pricing,and further more cause errors in the enforcement of antimonopoly laws.This part discusses different elements that should be taken into consideration while defining the abuses of price in the two-sidedmarkets and the differences of these elements according to the different markets of the two-sided and the traditional one-sided market,and lists the key points while analyzing the different abuses of pricing.Part 6 Discussion of non-price monopoly activities under the two-sided markets circumstance.In the two-sided market,the cross-side network effects empower the platform enterprises.With the dominant market position,the platforms may conduct different non-price monopoly activities,such as tying,exclusive dealing,refusal of transaction.The foregoing non-price monopoly activities,which need to be analyzed before judging whether should be regulated by the antimonopoly laws in the traditional one-sided market,need further analysis in the two-sided markets.Consideration factors should be adjusted before being the criteria for legal or illegal.Part 7 Conclusion.This part summarizes this article,makes a conclusion and gives suggestions based on Chinese practice.This part responds to the questions in the first part of this paper,and meanwhile is the purpose of this paper.
Keywords/Search Tags:Antimonopoly Law, Two-sided Markets, Relevant Market, Abuse of dominant market position, Regulation
PDF Full Text Request
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