Study On The Anti-monopoly Act’s Regulating The Abuse Of The Internet Market Dominant Position

The Internet was invented in the1960s, and was called the fifth informationrevolution in human history. The invention of the Internet brought tremendouschanges to the ways for the storage and transmission of information. It is wellaccepted and developed by the people because it’s easy to use, convenient and coversa wide range of everything. But with the development of the internet technology, theproblems began to expose. One of the most eye-catching problems is the monopoly ofthe Internet. Due to its unique characters, the problems of monopoly of the Internetmainly exist in the form of the Abuse Dominant Position. Many cases of this kind arecoming in the past years, but never did the Anti-monopoly Act of China played anyrole. The characters of the Internet such as the Network Externality, Lock-in made thetraditional Anti-monopoly Act not so effective when meeting with Internet MarketMonopoly.The first part of the article is the general description of the traditional AbuseDominant Position. It includes the definition of market dominant position and theusual types and confirmation standards. The second part introduces the characters ofInternet market structure and the types of abuse, indicating that the monopoly inInternet market is mostly in the form of non-price methods, which is quite differentwith the traditional abuse-the price methods. Then it analyses the reasons of theuniqueness of the Internet market dominant position, came to conclusion that theuniqueness of the Internet market dominant position is because of the uniqueness ofthe Internet market dominant position forming mechanism. The forming of theInternet market dominant position is greatly influenced by then network externality, theproduct of information, the lock-in and the abuse of standard. The third part mainlyproves that the righteousness of the Anti-monopoly Act’s regulating the Internetmarket dominant position, pointing out that the mainstream still approves to regulatethe Internet market under the existing Anti-monopoly Act. Also, it comes to theconclusion that China defines the abuse of Internet market by using ReasonablePrinciple. The fourth part mainly introduces the difficulties China face whenregulating the Abuse Dominant Position and analyses the reasons. The last part of thearticle is the advices for the Anti-monopoly Act of the Internet market dominantposition, especially from the following perspectives: The adjustment of the legislative goals; the confirmation standards; the improvement of the law enforcement; thecoordination of the industry supervises and the law enforcement; the people’s court’srole.