| With the rapid development of the network economy, the rapid rise of the Internet industry result in m onopoly, a great m any Chinese Internet companies has become a virtual monopoly, In recent y ears, Internet companies of antitrust cases triggered a series of lawsuits frequently,, such as "Tencent v. Qihoo case of abu se of m arket dominance", "Baidu P PC Case" "Shangha i Information Technology Co., Ltd. Xuanting monopoly dispute," etc..July 4, 2015 by issuing Premier Li Keqiang, the State Council recently issued "on actively promoting the" Internet + "guida nce action"(h ereinafter referred to as "guidance"),This is to prom ote the Inte rnet to expand the sphere of production consumption, accelerate the upgrading of the level of in dustrial development and enhance the industry innovation, and build eco nomic and social development of new advantages and important new initiatives ki netic energy. There is no doubt that the Internet companies penetrated into every aspect of life is the development trend of the times. Antimonopoly face problem s that arose in practice and should also activ ely improve the response. However, the new features with respect to traditional markets, the integration of Internet technology i ndustry have, cross-netw ork externalities, bilateral market, free marketing m ode, give this particular business m odel based on the theory of industrial or ganization economics of antitrust analysis brings the new analysis perspective, bu t also the tradi tional antitrust regulations formed a great impact. Traditional tools and new m ethods applicable to the single market cou ld be applied to the bila teral market will be a ser ious problem. Thus, while In ternet companies constituting the alleged violation o f antitrust sense, but th e traditional definition of relevant market lag when app lied to the Internet industry, market share under free mode is dif ficult to calculate, it is so dominant market position identified impasse. Insufficient theoretical groundwor k severely restricted the ef fective provision of Internet compan ies illegality identified, not only seriously hindered the healthy and rapid developm ent of the Inte rnet market, but al so undermines the competition order and the inte rests of consumers. Justice antitrust case is m ore frequent, due to the high costs of antitr ust litigation, professi onal and strong and lasted a long time, and the antitrust case in favor of the plaintiff in practice rate is very low.In the face of the Internet m arket confusion competition order, and lag antitrus t legislation. Therefore, how to i mprove the deterrent effect of the antitrust laws and guidelines, encourage businesses to self-conscious, and to achieve to achieve consumer welfare, prom ote technological innovation, health y competition, antitrust law is the direction of improvem ent. This article is to explore the Internet business model as a starting point combined with Tencent case judgment gist supreme law, the introduction of a bilateral market theory, which involves the analysis of the core legal issues: the definition of the re levant market, identif ication of market dominant position, the relevant market and the m arket explore the relationship between the dominant position, in orde r to "anti-m onopoly law" r ecognized in adm inistrative practice and judicial pract ice law recognized Internet market dominance provide reasonable countermeasures.The paper is organized as follows. The first section describes the causes bilateral market theory based Intern et business unique attributes and m onopoly leads to the second part and third part m ediated traditional theory and its application in the bilateral market is facing limitations; Part IV 3Q war is determined based on the final judgment of Enlightenment ideas new Intern et market dominance, and describes the author questions the final judgment and thinking. The fifth part is Providing advice on how to affirm China Internet companies dominant market position determination. |
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