The Antitrust Regulation Research To The Abuse Of Market Dominance Of Network Corporate

Network corporate abuse of dominant position is becoming central but difficult problemin the field of the theory and practice.This highlights reflected in the troubles since2010"3Q"war. Sort of reality cases make the antitrust law which safeguard the order of competition asits mission encounter theoretical difficulties. Specifically, the companies who have highmarket share in the network economy may not have the monopoly market power;Under theimpact of network effects and the bilateral market, the traditional SSNIP of defining therelevant market is failure; In this industry,technical innovation, consumer protection andeconomic efficiency are equal important,so we should make multi-value targets equitable inthe judgment of the illegality of that the network enterprise abuse of their marketdominance;Based on the same token, we should choose the network enterprise liabilitycarefully under the influence of different value targets.The Regulation to abuse of network enterprise can not be separated from the mature andlogical thinking routing: Theoretical basis to regulation of antitrust reasonableâ†'theidentification of dominant market positionâ†'the identify of illegality about abuseâ†'theliability of abuse.Firstly,we should realize the characteristic of the network enterprisesbehavior understanding in the network economy context,and it provides a theoretical basis forthe later regulation. Dominant market position identified is the premise of network enterpriseregulation, they would have to be a comprehensive analysis of factors in determiningdominant market position.Finally, in order to eliminate the dangers of the abuse of a dominantmarket position,we should set liability of the network enterprise that has a dominant marketposition.There are five parts except that the introduction and conclusion in the thesis.Part I:Overview to network corporate abuse of dominant market position. Firstly weoutlines the network enterprise and it’s abuse, and analyzes its particularity compare totraditional corporate and acts,then discuss the hazards of abuse,and indicate that itsanti-monopoly regulation is necessary.Part II:Definition to the relevant market of network company.Under the conditions ofnetwork economy,we should to take full account of three dimensions which include product,geography and time in definition of the relevant market.The price elasticity of marketis lowered under the influence of network effects.And it results the traditional SSNIP testfailure.On the other hand,the product performance test and revenue method test can define therelevant product market more effectively.Part III:Identification to dominant market position of network enterprise. Pointed out thatthe market share is no longer as an important criterion in identification under the context ofnetwork economy,the barriers of user scale,standard and transfer cost is more important inidentified a dominant market position. critical facilities, research and development costs andprofitability can not be ignored.Part IV:Identification the abuse of market dominance of network Enterprises.Theresearch should be guided by the principle of reasonableness,and the conclusion must comefrom analysis between cost and benefit.Then, from the general to the particular, abuse,weanalysis the tying conduct and standard abuse of the network enterprise.Part V: The responsibilities in antitrust laws to the abuse of a dominant market positionof network Enterprise.The illegal behavior should shoulder responsibility that includesadministrative, It includes civil and criminal liability, proposed to stop the offense, a fineexclude infringement, damage compensation, in the form of fines, imprisonment, and otherspecific forms of liability.At first,the implementation of prohibition should carry out toprevent a more serious damage, then Executive organ should pay attention to the money andfree penalty.And assuredly, before the appliance of criminal liability,we should consideringthe diversity of legal interest goals,and it is also due to the protection and promotion totechnological innovation.At last,We present legislation recommendations include clearly standards andconsiderations in the identification of market dominance,and improve the methods in definingthe relevant market,clear and refine specific acts of abuse of market dominance, strengthendeterrence liability and so on.