Study On Legal Regulation Of The Abuse Of Market Dominant Position In Internet Enterprises

With the emergency and development of the network and information technology, the internet and internet industry rising rapidly. Over the two decades, the internet has penetrated into every aspect of people`s life,which has affect the production and living way of human deeply. As an emerging sunrise industry, The internet industry and information technology is bound to become a powerful driving force for the development of productive power under the guidance of supporting industry policy came up in 2015 Internet Conference. Just as the two sides of coins,a series of monopoly emerge as well as the development of the internet industry,Though, there have been legal liability on these unfair behaviors, but the he internet industry`s characters make it difficult to adapt to internet industry.This paper adopts the method of empirical analysis, putting two typical cases of abuse of the market dominant position in the Internet field as the breakthrough point. After the analysis of the typical cases, come up the focus problems in the legal regulation on the abuse of the dominant position in the market of the internet.Then discuss according to the focus problems.Thus the main content of the article is divided into five parts:The first part is the introduction. In this part,this paper mainly introduces the background of the research, the significance of the research, the main content of the research and the analysis method used in this research and the current situation and innovation of this article;The second part is the introduction of the typical cases. Because of the significant difference between the internet industry and the traditional industry, the anti-monopoly law based on the traditional industry cannot applied to the new field completely. Thus,this part induces the three main problems by the analysis of two typical cases The US vs. Microsoft and Qihu vs. Tencent.The third part is about the definition of the market dominant position in the internet industry.By the introduction of the internet industry`s features, the common means of definition of the market dominant position and the barriers generate from these traits, The writer want to find a feasible measure to define the market dominant position of the internet company accurately on the basis of reference of foreign experience.The fourth part is the introduction of typical behaviors and definition of the abuse of the dominant position in the internet industry. Due to the difference in business mode between the internet and traditional industry, the behaviors of abuse in the internet enterprises is also different from the tradition.This part is mainly state the typical behaviors and the measure to determine these unfair competitive behaviors.The last part is the liability of the abuse. In this part, the writer want to perfect the type and content of the legal liability of the abuse of the dominant position in the internet industry through the introduce about the restriction experience inner and abroad. Thus protect the healthy development of the Internet industry economy.