Research On Identifying The Abuse Of Dominant Market Position In Database

Databases have great potential value on promoting the national economy and information construction as an important digital resource in the information world. With fierce market competition, some developed countries carry out the implementation of information monopoly control policy to our country relying on the high quality and characteristic context of information resource databases. They put the pressure with price monopoly policy on our country and abuse the dominant market position through monopolistic high price, bundling sales and rejecting trade to enhance their monopoly position. As a result, the policy made these developed countries getting rich profit, but it made our country suffering huge losses.The essential facilities doctrine is an high level principle in the area of antitrust, which has developed for over one hundred years in the US antitrust law and nearly one-hundred year development in the EU competition law. It has been employed in the specific unusual of operating standards because of the mature experience,becoming the important method for dealing with the behavior of the squander of market dominant position. Although the Anti-monopoly law implemented in 2008, there are no provisions on the database business of abusing dominant market position and the essential facilities doctrine.Based on the database businessman abusing of dominant market position legislation and practical cases of the United States and consult the European Union, this text studied the identified deficiencies of the abuse of squander market statue in the Anti-monopoly law and put some perfect suggestions on the base of the shortcomings, including introduction of the essential facilities doctrine; the cognizance of "relevant market" shape; reducing the cognizance of "market share" proportion and a clear definition of "abuse".