E-commerce Businesses Antitrust Regulation Abuse Of Market Dominance

In recent years, the monopoly on e-commerce to happen frequently. On the one hand, e-commerce is more and more deeply our lives,2011, China’s e-commerce market, the overall size of the transaction up to7trillion yuan, a year-on-year growth of46.4%. Expected the next three to five years, China’s e-commerce market will continue to maintain stable growth, with an average growth rate of more than35%, to reach26.5trillion yuan in2015; only the number of online shopping has reached187million, accounting for Chinese PC users41.6%; enterprises above designated size scale of B2B transactions accounted for37.7%,2.2percentage points more than in2010. Heresiarch study released] On the other hand, e-commerce in China is at an early stage of development, but has demonstrated the obvious monopolistic tendencies, such as China’s Bairiki, Sentence, Ali baba, Ali pay, Qi hoo occupy its related more than half of the share of the market segments, according to the "anti-monopoly law," Article19, is already a monopoly; antitrust investigations or proceedings continue to occur, such as Bairiki search engine inlet monopoly, do whatever they want "anyone who does not give me the money I sealed."3Q war are not compatible with each other’s behavior, Danang requires publishers may not Chongjin Mall supply Baobab new regulations events,360and Anshan, Sentence360applications Apple rack war of words,360and Sentence a wide range of adverse effects caused by the second litigation between these disputes and communicated rapidly, e-commerce antitrust pushed to the cusp, e-commerce businesses how antitrust enforcement has seemed imminent. This article from the e-commerce industry relevant market definition antitrust issues start preliminary study actual cases abuse of a dominant market position of the industry operators and industry competition rules, to the supervision of the state of e-commerce monopoly and monopolistic behavior the benefit.The final result of the development of a free market is toward monopoly and economic crisis.[Adam Smith:"Wealth of Nations"] market needs regulation, but e-commerce, we can say in the government-specific intervention in the economic environment, the most free-market economy, more prone to monopoly, the monopoly of its own characteristics to the existing laws to be evaluated already very poor. Such as monopoly is almost a natural monopoly, to distinguish it from foreign monopoly status, China’s natural monopoly has its own characteristics, belong to resource monopolies and monopoly rather than technical, customer resources, and capital resources are scarce, it is difficult to break recycling resources. According to these characteristics AML Article18, the provisions of Article10and Article12of ABCs prohibition of abuse of dominant market position, our country needs a new perspective to evaluate e-commerce special industry monopoly status.In August2007, the Antimonopoly Law of the People’s Republic of China was formally promulgated, first clear the prevention and to prevent monopoly to protect fair competition in the market, enhancing economic efficiency, safeguarding the interests of consumers and social public interests, and promote socialist The healthy development of the market economy as its legislative purpose. The promulgation of the anti-monopoly law,"provides a legal basis and a reliable legal protection for e-commerce antitrust, however, China’s" anti-monopoly law,"was formally implemented in August2008, and the related implementing rules have not yet introduced, E-commerce is a special industry, this caused difficulties to the antitrust laws "in the application of e-commerce enterprises.Prevention and suppression of monopolistic behavior, maintaining market competition order, not only have a good anti-monopoly law, but also depends on the smooth implementation of the anti-monopoly law.[Ca Bangtail, Bhang Qigong:"People’s Republic of China Antimonopoly Law Interpretation of the2007edition,2] In this case, the abuse of market dominance behavior characteristics analysis of e-commerce businesses," AML regulation e-commerce businesses abuse of a dominant market position, combined with the characteristics of the abuse of dominant market position, the general principles as well as e-commerce businesses to come to the antitrust laws and specific rules apply to e-commerce businesses, applicable antitrust laws "regulating electronic abuse of dominant market position of a business enterprise, the maintenance of e-commerce free competition in order to protect the interests of e-commerce consumers has important significance.