Study On Anti-monopoly Law Regulation In China's Internet Industry

The booming Internet has a great influence on people's life and work. We can not imagine a world without network. Nowadays, China's Internet industry has experienced three waves of development. With the continuing development of the technology and capital accumulation, Internet industry has entered a sate of imperfect competition and the emergence of an oligopoly. As the Internet industry has characteristics different from the traditional industry, the application of Anti-monopoly Law has been challenged. In this paper, the author discusses the application of Anti-Monopoly Law in the Internet industry according to the analysis of the specific industry.This paper is divided into introduction, body and conclusion of the three major components. The body includes four chapters.Chapter I "Overview of China's internet industry" is an introduction to the economy characteristics and monopoly status of the Internet industry. Firstly, network effects are the essential feature of the Internet industry. When the number of users reaches the critical mass, network effects will lead to the generation of positive feedback effects. The positive feedback effects will have first-mover advantage and a locking feature. The author also illustrates that the Internet industry's cost structure has a special, frequent mergers and acquisitions and investment with huge risk. Secondly, the author outlines the performance of the Internet industry monopoly, introduces the conclusion of the Internet industry monopoly agreements, abuse of market dominant positions and enterprise concentration based on the provision of Anti-monopoly Law and shows the specific performance of the Internet industry monopoly.In Chapter II "The basic theory of Anti-monopoly Law", four issues are introduced and analyzed in particular. The first issue is the legislation goal of Anti-monopoly Law. The second issue is about the structuralism and the behaviorism regulation of monopolies. The third issue is about the significance, theories, methods and steps of defining the relevant market. The last issue is the concept and development of per se illegal rule and rule of reason.In Chapter III " Internet industry's challenges for Anti-monopoly Law", as the internet industry bears the characteristics of the network effects, the identification of the monopoly power and defining of the relevant market(s) for anti-monopoly regulation will meet some new problems. And by taking two cases into discussion, the author illustrates the Court's trial mode has been challenged.Finally, the fourth chapter discusses the anti-monopoly regulation of Internet industry, including the balance between technological innovation and monopoly identifying, the applicable standards for monopoly identifying, methods and ideas to define the relevant market, the Court's trial mode of monopoly disputes and the introduction of some new theories.