On The Legal Regulation Of Abuse Of Dominant Market Position In China’s Internet Enterprise

Along with the progress of society, more and more people get to use internet,Under this circumstance,many internet enterprise become stronger and get market power.In order to get more profit,they abuse those dominant market position,which act damage the interests of consumers and the market competition order.So it is very significant to regulate the of abusing dominant market dominant position.Two-sided market of internet make high profit hiding in the free side.Network effect of internet lead to phenomena as winner-take-all.Lock-in effect of internet result in relying on original product.Criterion and compatibility bring out difficult in new competitor entering the market.In the meantime,It is hard to discover the monopoly of internet enterprise before causing serious damage.Internet industry is characterized by high speed innovation,once internet enterprise develop new techniques,it will take the market quickly and break the existing market structure. All in all,the inherent characteristics of internet cause difficult in legal regulation on the abuse of dominant market position.The enactment on abuse of dominant market position in Anti-monopoly Law of People’s Republic of China is general,that lack of operational characteristics.Due to the related laws and judicial interpretation is not sound,that cause unfair in allocating the burden of proof.In addition,professionalism and independence of the anti-monopoly law enforcement agencies.The author thinks that to improve the legal regulation on the abuse of dominant market position in internet enterprise.we can to do from two aspects.On the one hand,Establishing the general idea is necessary.General ideal should contain value orientation and consenting doctrine.On the other hand,we need to take specific measure,such as adding new method to determine relevant market,considering more factors when cognizance the dominant market position,sharing the burden of producing evidence reasonably in anti-monopoly law suit.sound control system on abusing of operational characteristics...