Anti - Monopoly Law Regulation On Abuse Of Market Dominance In Network Economy

As a new economic form, Network economy has a profound impact on People’s life, the current Chinese network economy is experiencing from the era of free competition to monopoly era.The Competition between Internet companies has become increasingly intense,there are some Internet companies have alleged monopolistic behavior, The abusing of its dominant market position is one important representing monopoly forms.As the network economy has its own characteristics, The identification of the abuse of market dominance regulation becomes relatively complex.How antitrust law effectively curb internet companies abusing their dominant market position, and safeguarding the legitimate rights and interests of internet consumers has become an urgent problem.This article make the analysis of how to deal with internet managers abusing its dominant market position,the particularity of market dominance,Then put forward suggestions for Antitrust Law.This thesis is divided into five parts:The first chapter defined the relevant market for a detailed analysis, Internet economy has an external effects, And the network is a bilateral market economy, the network economy is the attention economy, All these features makes the traditional price-based method of defining the relevant market limited application in the network economy, in order to solve this problem, we can vague the definition of the relevant market in certain circumstances, or of adoption of a new economics method of defining the relevant market.The second part mainly analyzes the identification of the dominant market position in network economy, the traditional method to define market share decline in the importance,in the specific operational aspects of the network computing market share not just consider installing based on sales, you can increase the network traffic and traffic data analysis.The third chapter is the analysis of the abuse of the market dominance operator in network economy; The abuse of operators can be summarized as price behavior,about tying conduct the transaction in three acts, each of which has its own unique behavioral manifestations in the network economy.The fourth part is the analysis of the problem when regulate the abuse of market dominance behavior in network economy based on the analysis above,Including SSNIP detection method is not suit for the network layer of the relevant market definition, the free mode limit allows regulation of monopolistic behavior, The Antitrust need to deal with these problems, the network operator’s abuse of market dominance behavior regulation should adhere to the particular principles:behaviorism dominated, structuralism supplemented; mainly to promote technological innovation, regulation dominance supplemented; reasonable principle-based, supplemented by the per se rule.The last chapter investigates how to improve regulations on the application of antitrust in network economy. With regard to define the relevant market, it is necessary for " Guide to define the relevant market of State Anti-Monopoly Committee" to establish systematic methods to define the relevant market, hoping to handle the increasingly complex definition of antitrust market. The protection of consumer interests should be the primary and valuable goal of the application of antitrust in network economy. As to the real-time and concealed network monopoly, MIIT should be given the right of network monitoring authorized by Antitrust Law, which will be conducive to improve the enforcement efficiency of antitrust in network .industry.The last chapter investigates how to improve regulations on the application of antitrust in network economy. With regard to define the relevant market, it is necessary for " Guide to define the relevant market of State Anti-Monopoly Committee " to establish systematic methods to define the relevant market, hoping to handle the increasingly complex definition of antitrust market. The protection of consumer interests should be the primary and valuable goal of the application of antitrust in network economy. As to the real-time and concealed network monopoly, MIIT should be given the right of network monitoring authorized by Antitrust Law, which will be conducive to improve the enforcement efficiency of antitrust in network industry.