Legal Regulating Abuse Of Market Ascendancy In Network Economy

The rapid expansion of network economy and the increasing of proportion in the overall economy,all walks of life have power development after "Internet +" concept applicated,which prompted new economic pattern and competition,which also promotes the network economy monopoly case constantly emerging,such as Baidu's monopoly case,Tencent's antitrust case,etc.The Antitrust Law based on traditional economic model and it's facing many new challenges.For example,network economy change the way of definiting "relevant market" and “abuse of dominant marke”,etc.The Antitrust Law can not be stayed on theory while the network economy is devoloping,the courts and the enforcement agencies need to implement by actual analysis.How to definite relevant market?How to cognizance dominant position and abuse of dominant market position behavior?This paper offer some new ideas about enforcement and legal responsibility basing on the academic point of view.My opnion of relevant market definition is following.1.Define the relevant geographic market,should give full consideration to the goal of software targeted customers,including language preferences,habits,etc.2.Define the relevant commodity market,should distinguish the platform type,the number of transactions,platform source of profits and the openness of the industry by considering market characteristics of Internet product,consider using a critical loss method and comprehensive alternative analysis,improve the SSNIP test,the price calculation mode,to adjust the benchmark prices and percentage.My opnion of setting up legal responsibility is following.Monopolist need to bear administrative responsibility like cessation of infringement,removal of obstacles,etc.Monopolist also need to bear civil liability like damage compensation,stop the infringement,eliminate the obstruction,etc.this paper argues that the monopolistic behavior should write to the criminal law,improve the professionalism of judicial organs,monopoly illegal costs,the status of the anti-monopoly law enforcement,strengthen the law enforcement ability,formulate responsibility list,strengthen communication of industry regulators and the anti-monopoly law enforcement.