Research On Legal Regulation Of Network Economy Abuse Of Market Dominance

Popularization of science and technology progress and network knowledge economy prompted rapid development of the network, but we should also see the network economy, abuse of market dominance emergence of new problems.2010occurred Tencent QQ and Qihoo360series of competitive behavior sparked regulatory abuse of market dominance to rethink the law.Tencent customers to implement mandatory installation of computer housekeeper customer behavior and persecution "alternative" behavior whether abuse of market dominance behavior have different views and practices in judicial and academic circles, the case involves many legal issues, This article only from a legal point of Tencent QQ and Qihoo360cases around the following questions:first, why the legal system of China’s abuse of market dominance can not be regulated Tencent QQ and Qihoo360competitive behavior between? Second, why is our country’s anti-monopoly law enforcement agencies do not regulate Tencent QQ abuse of market dominance behavior? Third, why is Tencent administrative intervention under the Ministry of Industry and the Ministry of Public Security of QQ and Qihoo360recovery compatible? Fourth, how to properly deal with the protection of coordinating the relationship between intellectual property and against monopoly?This paper is divided into four core parts:The first part of the network economy, the basic theory of abuse of market dominance elaborate, including the meaning and characteristics of network economy, the network economy Elements abuse of market dominance, abuse of a dominant market position in the network economy the basic theory of the special nature of its manifestations, such as the need to lay the theoretical foundation for the later analysis of network economy, abuse of dominant market position; second part of the regulatory status quo, including the abuse of a dominant market position in our analysis and the existence of the network economy the problem, explained the state of legislation regulating the abuse of a dominant market position in the Internet economy and the status of implementation of the social reality of the law, the analysis of the network economy regulation problems of abuse of market dominance; third part introduces the foreign network economy abuse of market regulation dominance related systems, including the American system of treble damages, criminal and other legal means to combat abuse; proposed regulation of the Internet economy suggestions abuse of market dominance in the fourth part, including the regulation of the Internet economy in the abuse of dominant market position the overall plan, the main responsibility for improving the scope and improve the regulatory organization envisaged, a reasonable allocation of the burden of proof, increase penalties administrative responsibility, commitment to increase criminal way, coordinating the relationship between antitrust law and intellectual property protection, and strengthen China Internet Association industry self-regulation. Inadequacies of this article is not the definition of the relevant market, the relevant market dominance and related markets, such as the existence of abuse theory discussed in detail.