Abuse Of Dominant Market Position Under The Network Economy Standards Of Behavior

As network technology continues to mature and widely used, network economy based on the network is becoming a new bright spot of economic growth. In the process of network economy continuing to grow and expansion, the monopoly phenomenon of operators’abuse of market dominance occurs in some higher degree of market concentration areas, which hinders fair competition of relevant market, and it also undermines the social and public interests. Developmenting from traditional economy, the network economy, but has some new laws and new features different from that of traditional economy, typically, such as network externalities,"user lock" effect etc, these new features challenges the relevant standards of the traditional identification of the abuse of dominant market position.This article first takes the famous case occurred in the network in2010-"Tencent and360case" as the background, and puts it as the entry point based on Tencent’s behaviors which sold its products by bundling other market’s products and required its users to make an " alternative " decision beteween the Tencent QQ software and360software, then leads to the problem how to identify operators’ abuse of dominant market position under the network economy. Secondly, it analyses the formation features of monopoly under the network economy based on the introduction of China’s network economy’s status quo. And then it introduces the traditional define standards of relevant market and identification standards of market dominance, and puts forward the new changes of the standards in defining relevant market and identifying dominant market position under the network economy combining with the characteristics of the network economy. And take the Tencent company of the case as an example, it analyses its relevant market and identifies its dominant market position in relevant market. Then, on the basis of the elaboration on abuse of dominant market position, it analyses the characteristics of the abuse acts under the network economy and determination, and then identifies that the Tencent’s behavior constitutes abuse of market dominance,combining with the "Tencent and360case". Finally, base on the summary of the "Tencent and360case" and the full-text content, it puts forth that we should identify the acts of abuse of market dominance under the network economy according to the characteristics of the network economy and the relevant provisions of "anti-monopoly law"etc.