Font Size: a A A

Research On The Abuse Of Dominant Market Position In Internet Industry

Posted on:2015-10-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z J ZouFull Text:PDF
GTID:2296330461956666Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of information science and technology, the internet has increasingly embedded in people’s lives, the Internet industry has also brought a tremendous growth in commercial and economic benefits. China’s Internet industry has experienced without exception in the last decade a booming era. With the rapid growth of internet users and the influence of the internet, the internet has penetrated into all aspects of daily life. Economic output and industry scale of China’s Internet industry grow steadily and play a indispensable role in people’s social and economic life. Any changes in the Internet market has something to do with consumer. However, theres is also hidden pitfalls behind the rapid expansion of prosperity. In order to survive in the fierce competition and make profit in Internet industry, companies was making abuse of market dominance, not only causing damage to the market competition order, but also violating the legitimate rights and interests of consumers. These acts, no doubt need be regulated with effective antitrust law, in order to promote the industrial development of China’s Internet industry and to safeguard the interests of consumers.This thesis will be based on the current antitrust regulation regarding of abuse of dominant market position, interpret the recently decided Qihoo v. Tencent anti-monopoly case of the "3Q war", discusses the new features of the Internet industry and its impacts on traditional anti-monopoly theories and its influence on enforcement and justice practice, in order to inspire some systematic theoretical thinking of countermeasures for legal practice.In this paper, the main content is divided into four chapters, the idea is as follows:The first chapter will introduce the legislative history of china’s "anti-monopoly law" and the practice of "anti-monopoly law", reveal the relationship between this law and China’s industrial policy and the trend of raising the anti-monopoly dispute through private citizen. The major and classic cases on issue related to abuse of dominant market position will also be briefly introduced.The second chapter will analyse the recently through final judgment closed anti-monopoly case in "3Q War" in detail in three field:definition of the relevant market, definition of dominant market position and abuse of dominant market position. The arguments from the three parts-the plaintiff, defendant and the court, and their reasoning will be truthfully introduced and analysed with legal theory, so that some primary discuss and criticism will be formed.The third chapter will point out the new and basic characteristics of the Internet industry, which are very different from the traditional market, namely:two sided-market, economic network effect, dynamic competitive market structure and duality in property. These special characteristics have brought challenge to the traditional anti-monopoly theory and practice. Some advise will be based on the european and american experience in anti-monopoly practice in Internet industry discussed, in order to be helpful in theoretical level and practice level.The forth chapter therefore will furthur form a different opinion from the judgment according to the analysis of the special characteristics of Internet industry, and develop some cogitation about the relationship between industrial policy, Internet thinking and anti-monopoly’s theory and practice.
Keywords/Search Tags:Internet industry, Qihoo v.Tencent anti-monopoly case, abuse of dominant market position
PDF Full Text Request
Related items