China's Internet Industry Antitrust Studies

Nowadays, internet development is in the third wave. Differencing from the previous two waves, it is in the stage of between free competition and monopoly. And even in some areas, there is oligopoly. In the wake of the developing of technology and the accumulating of capital, giants, some big Internet corporations, have liberated themselves from the pressure of the competition. In order to achieve the goal of maintaining high monopoly profits and holding the mastery, those giants who control the market use their dominant position to exclude competition, cut back the living space of small company and bring about monopoly.However, according to economic principles, once a company obtains a monopoly position, it is bound to raise product price, reduce product quality, and hurt the legitimate interests of consumers. Therefore, the growth and expansion of monopoly corporations In the Internet industry will hinder network users from choosing network products and services. The monopoly of Internet industry has its characteristics, compared to traditional industry, which is concealment, imitation, controlling by network users and complexity. These peculiarities have determined the phenomenon that the current monopoly actions of China's Internet industry more display the abuse of market dominance and the conclusion of t the monopoly agreements these two aspects. "The 3Q war" is shocking everyone in China. As the de facto monopoly in the instant messaging industry, Tencent uses its dominant market position to force QQ users to install and uninstall software, whether this behavior is illegal? The answer is yes, the author analyzes this activity from three aspects, that is, definition of the relevant market, identification of the market dominance behavior, and determination of Tencent's market dominant position. So we can make a decision that Tencent has a violation of The Antitrust Laws on abusing behavior of market power provision. Subsequently, the article also takes Tencent for an example to investigate three activities of abusing of the Market-ascendancy, that is tie-in sale, Boycott, and limited transactions.In the study of monopoly agreements, the author analyzes the behaviors of Tencent, who unites four network companies to boycott the series of products produced by 360 Company, thinking that the behavior of Tencent has formatted a huge monopoly power, which is called cartel behavior by scholars and have a negative impact of QQ users. On the surface, the statement is only the support from four companies, but essentially it is a monopoly agreement signed between competitors, which shall be bound by The Antimonopoly Law.Finally, the article discusses The Antimonopoly Law enforcement problems involved in the "3Q war", that law enforcement agencies are so separate that cause the low efficiency of the management of Internet monopoly cases. In the "3Q war ", MIIT that has no antitrust background plays the role of antitrust enforcement in fact, instead of Department of commerce, SAIC, Anti-Monopoly Committee whose duties are the antitrust enforcement. Thus the author proposes the triple powers of comprehensive public scrutiny, government regulation and supervision of the industry to ensure free competition in the Internet industry, not only to provide a good environment for competition of small and medium enterprises in the Internet industry, but also better ensure users'security and interests.