On The High-tech Enterprises In The Legal Definition Of Abuse Of Market Dominance

Antitrust law known as the " the Constitution of market economy," is the country's main regulation about market players hampering market competition, the implementation of intellectual property laws designed to encourage innovation and intellectual property owner, to maintain an intellectual property owner competitive position.Though the laws conflict,they have consistent value target. Tech enterprises regard IP as the core of enterprise development of competition in the market, given its dominant position but also had the possibility of monopoly by refusing to permit certain high-tech enterprises, tying, discrimination, unfair additional restrictions, standard monopoly illegal way, impede innovation and development of other enterprises, prejudice the legitimate interests of consumers and the overall interests of society, out of tune with the modern principles of competition, so to abuse its dominant market position into the adjustment range of antitrust law. The relevant provisions of Regulation tech enterprises abuse of dominant market position, not only with applicable antitrust law, intellectual property rights should be combined with professional features, less specific provisions of the law herein.There are no legal hierarchy high, lack of innovation and other issues, which leads to the emergence of the practice of law applies fuzzy and lack of specific issues. Through analysis of high-tech enterprises abuse of dominant market position, draw useful experience of foreign legislation, theory and practice, to provide a reference for the improvement of the legal definition of abuse of market dominance of the high-tech enterprises.In this paper, including a total of five parts: The first chapter mainly analyses high-tech enterprises monopoly, further analyses the dialectical relationship between antitrust and intellectual property law, in order to elaborate high-tech enterprises abuse of dominant market position which would harm the market economy.The second chapter expounds the situation from the legislative point of the high-tech enterprises of the legal definition of abuse of market dominance of the status and make a distinction with other concepts.The third chapter introduces typical cases of abuse of market dominance by the current high-tech enterprises, which raised the issue of the existence of the legal definition of high-tech enterprises in the abuse of market dominance.The fourth chapter introduces the United States, Japan and the EU in the field of intellectual property rights of high-tech companies involved in antitrust doctrine,legislation and institutional development,analyze,and summarizes experiences abroad theory, improving our high-tech enterprises abuse of dominant market position defined by law.The fifth chapter from that standard defines the relevant market, market dominance, the rule of reason, the exemption system, legislative style, analyses other aspects of the legal definition of abuse of market dominance of high-tech enterprises and put forward some proposals.