On The Legal Regulation Of Abuse Of Market Dominance In China 's Network Industry

With the development of economy and the progress of the society, the Internet has become increasing popular in people’s life. Not only does it plays an important role on the national economy and the society, but also on all aspects of people’s lives, moreover, it has greatly affected the people’s way of life and all aspects of living habits. In this context, along with the development and high popularity of network industry, the number of Internet operators grows and there are numbers of listed Internet operators appear. However, in the process of both the network industry and traditional industry, there exists the phenomenon that operators would abuse market ascendancy for chasing high profit. Especially in recent years, this phenomenon becomes obvious and raises many issues. The behavior of abusing market ascendancy in the network industry will seriously damage the industry rules and consumers’legitimate rights. The "Anti-Monopoly Law of the People’s Republic of China" is aim to maintain the fair and free competition order in the market and consumers’legitimate rights and interests. Just like the traditional industry, abusing market ascendancy in the Internet industry needs to be regulated by the "Anti-Monopoly Law" and relevant laws and regulations. However, because of the network industry’s unique characteristics, China’s current "Anti-Monopoly Law" and relevant laws and regulations can not really effectively regulate this behavior. In order to improve the laws system and effectively regulate this behavior, China had better base its focus on existing laws, fully integrate network industry’s characteristics, and learn from foreign countries’ advanced experience.This paper is divided into three parts:preface, main body and conclusion. And the main body is divided into four parts:The first part mainly expounds the basic theory of abusing market ascendancy in the network industry. Firstly, defines the concept of abusing market ascendancy behavior through analyzing the connotation concept from different countries and regions, then, according to the market concentration degree, divides market ascendancy into three kinds of forms, meanwhile, figures out three kinds of standards to definite the market ascendancy behavior. Secondly, the paper analyzes the network industry’s own characteristics and pointes out the four elements of abusing market ascendancy as well as gives some examples.The second part mainly analyzes the present situation of the abusing market ascendancy behavior in China’s Internet industry. Taking QQ VS 360 and Baidu PPC as examples, the paper vividly illustrates our country’s present behavior of abusing market ascendancy in network industry and its reasons. What’s more, it points out that the behavior would do harm to the fair and free competition order in the market and consumers’ legitimate rights and interests.The third part is mainly about the regulation of abusing market ascendancy behavior in other countries. After showing four kinds of abusing market ascendancy theory, the paper introduces the law of three countries including Germany, Japan, and USA, and draws lesson from the advanced experience.The fourth part puts forward some sound proposals according to the present problems in our country. It mainly includes clearing and formulating the relevant laws and regulations, paying attention to the coordination of anti-monopoly law and intellectual property law, strengthening the regulatory role of industry associations and government of the Internet industry, establishing and improving a perfect responsibility system.