The Legal Regulation On Abuses Of Market Dominance In The Internet Plus

Promoted by the Internet technology, Industrial 4.0 Era has come. The substantial concept of “internet +” is to permeate the existing Internet(technical) results into traditional industries, so as to form a complementary advantages of the old and new industry, which will create a new economic vitality. After contrasting antitrust-judicial practices of traditional enterprises(mature commercial entities regulated by rules of the industrial age) with antitrust-judicial practices of traditional Internet companies(first generation of Internet companies with information dissemination as their main profits and the second generation of Internet companies with data collection as their main profits), we find that the standard based on the nature of the industrial age era to identify monopoly has adaptive problem. Therefore, the author hereby try to explore the regulation on Abuse of Market Dominance of anti-monopoly under the background of Internet +.This article will start from theoretical basis on the principle of prohibiting Abuse of Market Dominance in antitrust laws, and make systematic description on the concept of the dominant market position and defining method of the dominant market position. At the same time, it will introduce China’s legislative background on setting up principles of prohibiting Abuse of Market Dominance from political and cultural background, economic development background, and the international environment. In addition, the author expounds on the rules of identifying prohibition of Abuse of Market Dominance and legislation values in China in the third section, which illustrates identifying principle of the relevant market, Abuse of Market Dominance, legislation logic of the principles, and analysis on the relevance between the various principles. Besides, it has cited the development and changes of the values of U.S. antitrust laws, and points out that the value of the anti-monopoly law goal has always been changing because of the external economic and political environment, which will adjust its emphasis among "efficiency", "fairness", "consumer welfare" and "public interests". Furthermore, through deeply analysis into value target of antitrust law of our country, it figures out that it pursues the value goal of the creation of efficiency priority at the beginning of legislation.From point of practice effect of Prohibit Abuse of Market Dominance in the Internet industry, the top case of China’s Internet antitrust “360VSQQ” reflects many complicated and difficult problems. Based on analysis into the case and its core disputes, it reveals contradiction between legislative value goal, at the same time also points out the essence is the issue of value target, the coming of the new era, when anti-monopoly legislation value goal is to meet the needs of the practice and make a change.After realizing the value of anti-monopoly law is the key fact effecting legal regulation on prohibiting Abuse of Market Dominance, the author analyses the value target of anti-monopoly law under background of Internet+. It points out that conflicts between multiple value goals of anti-monopoly law stem from antitrust law’s different value target(social benefits, consumer interest, free competition, etc.), which try to reflect the "fairness, efficiency, consumer interests and social public interest" in a law. However, the uniqueness of the current age of Internet+ is unprecedented. Under the background of Internet +, and crossover operators can often be fusion, respect and satisfy the human nature, establish trust etc. characteristics. Besides, in the current legal regulation, to restrict the Abuse of Market Dominance behavior, has been inappropriate. The author hereby puts forward the goal of antimonopoly law value here, namely create a fee competition as the premise of the innovation system, and establish justice in order to ensure free competition to realize the value of the target.In the end of this paper, the article also puts forward prohibiting Abuse of Market Dominance principle measures for perfecting the relevant legal system under the background of China’s Internet+. It introduces some common forms of Abuse of Market Dominance of infrastructure providers and the traditional enterprise after transformation and upgrading, and puts forward the corresponding legal regulations. For example, infrastructure providers usually refuses transaction, compatible and exclusive binding behavior, which always occurs and has biggest harms under the age of " Internet +". For this kind of behavior, the author thinks that more strict requirements regarding the identification of the relevant market and a dominant market position in the perspective of anti-monopoly law regulation should be imposed on the infrastructure providers. In the question of Abuse of Market Dominance of the traditional enterprise after transformation and upgrading, the author thinks, from the recognition method of relevant market, we may not identify solely based on one product or service of the enterprise; from the recognition method of dominant market position, we shall use a relative advantage position as a supplementary means. Through the above research and analysis, it finally concludes that anyone who uses their own advantages, resources, technology, users and ecological coordination ability, the obstacles hindering the development of malicious damage to rival, should be incorporated into the cognizance of the anti-monopoly law regulation of the abuse of dominant market behavior principle.