Study On Legal Regulation Of Abuse Of Dominant Market Position In Intemet Idustries

Along with the progress of economy and technological,the network industry has entered people field of vision.it gives the enormous economic benefits at the same time also produces major effect to the Chinese anti-monopoly law.especially in recent years in the network industry the abuse of market domination status disputes occur,many network enterprises have become to be facto monopoly enterprises.as the network industry in a dominant position in the market is different from the traditional industry factors,barriers to market entry status rising market share position in gradual decline.network extermality and other characteristics,so that the traditional antitrust rules in network industry is faced with new problems.for example,in the network industry market structure and market behavior has great uncertainty,in the network industry market concentration degree of the formation and influence of a signifition change in the network industry,the protection of competition and protection of intellectual property rights on objective conflict possible problems, make our country in network industry dominant position in the market more to complicate.As everyone knows, in the traditional industries in the determination of dominant position is mainly based on the market share and other factors of influencing the strength of enterprises. In the network as the support of the industry, in the definition of a dominant market position has its particularity, while still taking into account the relevant market definition, to determine the market share as well as analysis market entry barriers. But more should be considered by the network externality brings higher market barriers, as well as the abuse of intellectual property rights, technology compatibility has exclusive. In the dynamic competitive network environment, abuses of dominant market position is the key point of anti-monopoly. In principle, the authors tend to be more applicable and reasonable principle. In determining whether a company should be related to the abuse of a dominant market position antitrust rules when sanctions, the definition of the relevant market is the foundation, followed by the analysis of whether the enterprise has the dominant position in the market, and finally decided that whether the enterprise has the" abuse" behavior.At present, the network industry has gradually become an important part of the market economy, to perfect our anti monopoly law not only accord with the demands of the market, but also accord with our country national condition. But from our country to the network industry of abuse of dominant position in legislation present situation, the burden of proof allocation responsible enough clear, specific, and the lack of specific operation. Therefore, this paper adopts and traditional enterprise is compared with the method to analyze the network industry of market domination status particularity, and through the case and draw lessons from foreign experience, combined with China’s specific national conditions, the distribution of the burden of proof, liability, liability system of antitrust law of our country and puts forward some suggestions of the relevant provisions views...