Research On The Legal Regulation Of Operator's Abuse Of Market Dominant Position In The Networking Area

The generation of the Internet is the product of a free economy. In the spirit of the promotion of free competition. China has become an Internet powerhouse. Ten years of Internet development in China, now has over 400 million Internet users, was born thirty domestic and foreign-listed Internet companies, had a huge impact on society. However, the inevitable result of free competition is the formation of monopolies. In recent years, the occurrence of the disputes and indicating that the monopolistic behavior of the Internet has emerged. Many Chinese Internet companies have become a de facto monopoly. And in recent years appeared on the Internet monopoly abusing its market dominant position, free of invasion of privacy and the interests of users, and innovators curb, ignoring the phenomenon of the Internet and public interests.How to strengthen the deterrent power of anti-monopoly, monopolies can promote self-discipline and reduce the abuse of market power abuse of the behavior of the order to maintain fair competition in the industry, fair trade and market protection, justice, protection of the rights of Internet users has become a serious problem.This will combine the networking features and judicial practice and relevant case arising from the abuse of dominant market position angle of which involved a number of legal issues, in order to "antitrust" law enforcement and justice administration of countermeasures. This idea is as follows:The first part refers to the network part of the field of judicial abuse of market dominant position case and the relevant anti-monopoly law enforcement applications. And to these cases leads to the main thrust of this article, namely, the phenomenon of abuse of market dominance networking how to regulate.The second part is the background on networking, and network areas of the reasons for the formation of monopolies and features.The third part is the focus of this paper is mainly a dominant market position in the field of network related issues, namely, the problem of defining the relevant market, The second is the problem of identification of dominant market position, third is the identification of abuse. The fourth part is the right way to relief. First, the problem how to determine the qualification of the plaintiff, the second is the case for the relationship between the case of victory or defeat in the proceedings of the burden of proof issues.