The Justification In Defining The Abuse Of Market Dominance Of Network Corporate

In recent years,with the steady expansion of the size and popularity of the Internet industry,the case of the abuse of market dominance of network corporate have been increased.For example,the “TECENT VS. 360 case ”,and the “Tangshan RENREN vs. The baidu case”.Such cases is a new case in the context of emerging Internet, Provisions of China’s anti-monopoly law is not suitble for that case. Although the "justification" is excluded in defining the abuse of market dominance behavior in our legislation,but the relative theory is lacked in define what is "justification".This could lead to companies unable to effectively "justification" as an excuse to defend.Antitrust problems in practice indicates that China’s "justification" still insufficient.Base on this situation,this thesis choose “The Justification in Defining The Abuse of Market Dominance of Network Corporate” to be the theme of the thesis.Try to find out what can be the reasons in defining the abuse of market dominance behavior.There are six parts except that the introduction and conclusion in the thesis.Part I:Connotation and significance of the justification in defining the abuse of market dominance behavior.First, the "justification" connotation has to be defined.Secondly, since the "justification" conducive could achieve the purpose and value of Antitrust Law,and reflects the integration of reason and law, and could help to unify the form of equity and fairness in real terms,it determine that the studies in the “justification” is necessary.Part II:The effect in defining the "justification" in consideration of the internet features. Analyzing the externalities of network,and the Bilateral Market Characteristics,and user lock-in effect,and the innovative business model,to elaborate the effect in defining the "justification".Part III:The principle in defining the justification of abusing of market dominance behavior.First of all,the illegal per se rule is defective in defining the justification,to take the principle of reasonableness could protect the competition in the market,and adopt the uncertain of the behavior of the internet company.what’s more,It is important to consider the economic efficiency and the characteristics of the Internet industry to take the principle of reasonableness.Part IV:The factor in defining the justification of abusing of market dominance behavior.To measure whether the conduct of the Internet companies has the "justification",the economic efficiency, equity, protection should be take into consideration.Part V:The categories of the justification in defining the abuse of market dominance behavior of network corporate.Price fixing, predatory pricing, refusal or limit trading, tying or attach other unreasonable conditions is the common categories of abusing of market dominance behavior of network corporate.In this paper, through a combination of legislation and the characteristics of the Internet industry,trying to find out the common categories of the "justification" in defining the abuse of market dominance behavior of network corporate.Part VI:Improving the our anti-monopoly law in defining the "justification". First, pointing out the measures in defining the "justification".Secondly, applying beforehand and afterwards defensing system in "justification" has to be established,and setting up the identification procedure of the "justification".Finally, China’s anti-monopoly law enforcement agencies should shorten the time, and should adjust law enforcement to accommodate the special nature of the Internet industry.