A Study Of Legal Regulations On The Abuse Of Market Dominant Position By Network Industry Operators

With the network technique developing rapidly in recent years, there are more and more monopolycases which the dealers abuse market position in the network industry. Titled as the “economicconstitution”, anti-monopoly gradually gains wildly attention in theory and practice. Comparison withtraditional industry, network industry has many new characteristics, such as: network effects, lock-in effect,informationalization, and beyond the limits of time and space, which make the relevant definition standardsin network industry differ from traditional industry, such as definition standards, correlation marketdefinition, market dominant position, and the behaviors of abusing market dominant position. By exploringthese particularities, we will resolve the problems in network industry with anti-monopoly, improve thedeterrent force of anti-monopoly, and effectively regulate the illegal acts of the dealers who own dominantmarket position and abuse the power of monopoly make and maintain the fair exchange and fair justice.Besides, the paper combines judicial practice and the relevant cases in network industry. We will explorethe principles of laws and regulations which should be taken in regulating the behavior of dealers whoabusing the advantages of monopoly, as well as offering suggestions to perfect the anti-monopoly in China.The whole paper consists of introduction, main body, conclusion three parts. The main body comprisesof four parts: The first part introduces comprehensively the relevant concept of market dominant position innetwork industry. Based on analyzing the characteristics of network, we can state the particular demands ofdefining methods to network industry and related market. Then we will conclude the challenge anddilemma to define the standards of the dealers who has market dominant position, creatively posing newconfirming standards. In the second part, after necessary analysis, to highlight the urgency of regulatingabuse behaviors of dealers in network industry. Then comprehensively list the main forms of abuse actionin network industry. The third part, firstly analyze the laws and regulations of country to define and punishthe abusing action and market dominant position in network industry. Next stating two pairs of regulatingprinciples: structuration and behaviorism code, efficiency principle and illegal per se rule, then concludeapplication of behaviorism principle and illegal per se rule of dealers who abuse market dominant position.The fourth part, we provide some improving advice to laws and regulations regulating dealers who abuse market dominant position in network industry from the perspective of legislative and creativity relevantobligation and administrative regulation pathway.