Legal Regulation Of Monopolistic Behavior In The Network Economy

Network economy has the Characteristics of marginal increasing return and positive feedback etc. Compared to traditional economy, the network economy product is informational, standard and the characteristics of knowledge. The implementation of the monopoly operator in Network economy has Characteristics of network, technique and concealment. The monopoly implementing in Network economy is made mainly by the enterprise legal persons. It is difficult for the individual to have the ability to make the monopoly behavior. The operators in network make the monopoly behavior mainly through the intellectual property rights abuse, standard abuse, compatibility abuse and other means. Behavioral forms:operators’joint limiting competition (monopoly agreements), predatory pricing, refusing to trade, tie in sell, standard abuse and operators’merger restrict competition, etc. Whether the monopoly behavior in Network economy is illegal or not should be mainly according to the reasonableness principle. In the extremely individual cases can adapt per se rule. If the operator implemented a monopolistic behavior, it should be handled with different treatments such as the civil liability, administrative responsibility or exemption from its responsibilities according to the specific actions harm result determination. Network economy is a new high-tech industry, and has a significant and key role in the development of productivity and the progress of science and technology. Therefore, the monopoly of the legal regulations adheres to the principle of reductions, tough principle as exceptions, which aims to promote technology innovation and social progress. Network economy’s skilled characteristic requires that judging network economy monopoly should use the related technical means, and give a scientific, reasonable and evaluation.