The Regulation Research Of Anti-monopoly Law About Abuse Of Market Dominant Position By Internet Enterprises

With the rapid development of Internet technology,Internet companies are in the ascendant.Although the Internet industry is a emerging market,it profoundly affected the social life,bringing great changes to the society.Internet companies has developed so rapidly that they gradually occupy the important position inthemarket,therefore appear some companies that can affect the market development of the Internet enterprise.Although the rising position of Internet companies bring positive influence to the economical development,it also brings some problems at the same time.In order to obtain monopoly profits,some dominant-position Internet companies abuse dominant market position to exclude competitors,damage the legitimate rights and interests of consumers and other enterprises and disrupt the normal market order as well.At home and abroad in recent years,many Internet cases of abuse of dominant market position appear,such as Qihoo 360 vs Tencent.The promulgation of "Anti-monopoly law"changes the current situation of China's antitrust,therefore the antitrust authorities can keep to this law in practice and maintain the market order.However,because of the particularity of Internet companies,and our country anti-monopoly law is not mature enough,antitrust agencies has encountered many problems.Because of the influence of the bilateral market and network effects,it exists dilemma of Internet companies related markets and dominant market position,so it must be conducted according to the actual development of the Internet industry.Internet enterprise is an important part of market economy in our country,the antitrust regulation towards the abuse of market power of the Internet enterprises is not only the objective requirement of the healthy development of market economy,but also the objective requirement of protecting the profits of other market participants.Traditional antitrust laws is not enough to regulate the Internet enterprise abuse of dominant market position,perfecting relevant laws and regulations and the system of our country's anti-monopoly law is of priority.The content of this essay is divided into four parts apart from the introduction and conclusion parts.The first part is concerned with the theoretical analysis of Internet enterprise' abuse of dominant market position,this paper expounds the concept and characteristics of Internet companies,as well as theoretical analysis on the Internet enterprise' abuse of dominant market position.The second part expounds the necessity of confirming and regulation on Internet companies'abuse of dominant market position,and analyses the present antitrust legislation situation and the practice in our country as well as some of the problems in the practice of antitrust,it also points out the difficulty in the process of defining the relevant market and market dominance in of the applicable Internet companies in our country anti-monopoly law,anti-monopoly law has limitations,its operation needs to strengthen,lack of clear responsibility system and supervision system;The third part combined with major foreign countries such as Germany,Japan,France,the United States and other countries of the provisions of the anti-monopoly law and summarizes the reflection towards anti-monopoly regulation through legislative and judicial aspects on Internet enterprise abuse of dominant market position in China;The fourth part is on the basis of the above contents and puts forward some suggestions,clearly defines the Internet enterprise of relevant market and dominant market position,improves the responsibility system of Internet enterprise abuse of dominant market position in China.