The Abuse Of Dominant Market Position On The Cognizance Of Internet Industries

Ten years of vigorous development of China’s Internet gave birth to dozens of listedcompanies. According to China Internet Association released data show that, as of2013exceeded700million Internet users in China in2020will exceed1.1billion. More and moreintelligent Internet industry, Internet applications socializing, Internet-based traditionalindustries also. The rapid rise of the Internet industry is bound to be a monopoly, manyChinese Internet companies has become a de facto monopoly. The rapid growth of theseenterprises SMEs curb the growth of the Internet; these enterprises in the process ofmonopolization wanton violation of user privacy and interests, delaying the pace ofinnovation in the Internet industry, which would seriously harm the public interest.Internet competition calls for legalization of self-discipline. How to improve thedeterrence of antitrust law, prompting companies to self-discipline, healthy competition inorder to achieve the purpose of the antitrust laws to improve direction. In this paper, thecharacteristics of the Internet industry, combined with relevant judicial practice in casesarising from the abuse of market dominance behavior identified as the starting point, whichrelates to the core of the legal issues: defining the relevant market, the market dominance ofthe finds, the abuse of market dominance determined to explore the status, in order to"anti-monopoly" in the Internet industry finds abuse of market dominance behavioradministrative practice and judicial practice of law enforcement to provide reasonablecountermeasures.National judicial practice, the abuse of a dominant market position is determined fromthe definition of the relevant market began to discuss the relevant market on the basis ofwhether the companies involved have a dominant market position, further to determinewhether there is abuse and then draw conclusions. Based on this, the body is divided intofour parts:The first part: The status quo of China’s Internet industry, abuse of market dominance,through the typical case: Baidu PPC and reproduced by Tencent QQ and QIHU360disputereflects the degree of monopoly of China’s Internet industry is deep. Analysis by the Court oflaw issues exist in the decision process, a reflection of the Internet industry in our country ’slack of judicial practice, the export thrust of this article: Internet industry how to identifyabuse of market dominance behavior.Part Ⅱ: To define the relevant marke of Internet industryt. In case analysis of the importance of defining the relevant market; discusses the challenge of defining the relevantproduct market and the relevant geographic market for the Internet industry to bring therelevant market, highlights the lag traditional definition of the relevant market in the Internetindustry, when applicable, for bilateral market theory also involves; learn from foreignexperience, based on China’s Internet companies on how to define the relevant market givenpreliminary thinking.Part Ⅲ: Internet industry to explore the issue of market dominance identified on thebasis of the relevant market. First elaborated the Internet industry in the concept of adominant market position and morphology; secondly discussed the challenges of the Internetindustry to bring the identification of market dominance, highlighting the distinctivecharacter of the Internet industry; through comparative analysis of judicial practice to drawon foreign Internet Identification of a dominant market position in the industry standards andprocedures.Part Ⅳ: Internet Industry Analysis finds abuse of a dominant market position. This partis the finale of this article, a dominant market position in itself is not illegal, only using itscontrol of the market in the relevant market conduct constitutes abuse of monopoly. Indetermining the illegality of abusive behavior, a brief analysis of the first principles ofantitrust law finds two illegal: the per se rule and the rule of reason, pointed out that theInternet industry should be based on sound principles of illegality determine appropriate usesas a supplement to the per se rule; analysis of the Internet industry, abuse of marketdominance behavior of four constituent elements; Rejected transactions, limited tradingactivity, tied tying behavior, the behavior of differential treatment were analyzed,highlighting the Internet industry abuse of market dominance behavior personalization shouldbe considered to strengthen the legal relevance.By analyzing these four parts of the Internet industry in the identified problem of abuseof market dominance can form a clear vision and a clear analysis analysis ideas, looking tothe problem identified in the country ’s judicial practice can be more perfect, expect China’sInternet industry has more healthy competitive environment.