Legal Regulation Of Abusing Market Dominant Position On Network Industry

Our country’s network growth is on an explosive period, which is showing up the oligopoly phenomenon, and more and more dominant enterprises abuse of it’s dominant position, causing the damage of market competition as well as consumers ’ welfare. While those abuse of dominant position behaviors in our country is still at the discussion stage, the problems mainly including: the unclear definition of network market’s characteristics, the fuzzy criteria of relevant market, the unclear division of abusing market dominant position, the injury of consumers’ interests, and the deadlock of enforcement. The reasons main include the unclear definition of market’s nature, the relationship between the traditional abusing identification and the network market characteristics is still indeterminacy, the insufficient coordination and the responsibilities between enforcement and regulatory may cause bewildering. We could learn from Europe and America’s experiences, so as for our county, we need to focus on the combination of network market characteristics and the traditional definition of abuse. Optimizing execution as well as coordinating supervision, improving commitment system and strengthening the protection of the consumers’ interests, so at last, we could build a complete system for the regulation of abuse dominant position under network industry context.