The Legal Regulation On Abuses Of Dominance By The Internet Enterprise

In this paper, the Internet enterprise as perspectives on the abuse of dominant market position in the field of Internet regulation issues is discussed. Based on the elaborate what classification and characteristics of Internet enterprises and description of the concept on abuse of dominant market position, well-known Internet enterprises of abuses in China were listed as examples in this paper, and a preliminary analysis of Internet enterprises abuses in the special causes is given, and for different points of view, the need for a regulatory is analyzed.With how to regulate, this paper analyzes instances of the importance of defining the relevant market, and the new challenges of the relevant market's two dimensions of geographical and product in the Internet are analyzed, and the prevalence of current two-sided market theory in the relevant market definition is also involved. Based on the experience of abroad mainly In the United States, it shows how to define the relevant market of China's Internet enterprises of the initial thinking, on which involves introduction of new considerations such as technologies, attention to supply an alternative, introduction of a new theory properly. To overcome uncertainty of defining the relevant market, it gives three advices of paying much attention to the empirical research, founding data selection rules, and the establishment of proposed case guidance system.Quantitative assessment of dominance in the market, the traditional market-share factor and other auxiliary factors such as barriers to entry are analyzed in the paper. To point out that the market-share of Internet should be based on users, the position of market-share decreased due to the economic effects of the network. On the contrast, the role of auxiliary factors increased markedly, and financial and technical strength, scale, technical barriers, consumer preferences are re-evaluated.Unlawful act in the determination of abuse, the paper briefly analyzes the "per se" and "rational principle" two principles, principles that should be based on a reasonable determination of illegality. It also analyzes performance and the nature with two kinds of abuses, which involve tying and refusal to deal in the Internet. It points out that tying in the Internet should be treated rationally and new content about infrastructure such as "user Desktop" should be introduced.