On The Antitrust Regulation Of Abusement Of Robots Exclusion Protocol By Search Engine Providers

In recent years, the competition of search engine service market is increasingly fierce. All kinds of monopoly is emerging in endlessly. The abusement of robots exclusion protocol by search engine providers needs to be regulated by anti-monopoly law. Search engine service market is a typical two-sided market. The network effects and free policy makes the traditional method which judges the abuse of a dominant market position in the field of search engine services met some difficulties. This paper will improve the methods in defining the relevant market and the methods in identifying the market dominant position. At the same time, it will research on the illegality confirmation of the abusement of robots protocol by search engine providers, and define search engine providers' obligation.This paper will research in accordance with the routing of the antitrust regulation of abusement behavior in judicial practice: theoretical basis to regulation of antitrust reasonable ? the identification of dominant market position ? the confirmation of illegality about abuse ? the liability of abuse.There are four parts except that the introduction and conclusion in the thesis:Part I: the theoretical basis of the antitrust regulation of abusement of robots exclusion protocol by search engine providers. Firstly, we outline the relationship between search engine service and robots exclusion protocol, and pinpoint that robots exclusion protocol is industry practice. It should be given the legal efficacy as customary law. Then we analyze the necessary and feasibility of the antitrust regulation of abusement of robots exclusion protocol by search engine provider.Part II: The cognizance of dominant market position of search engine providers. On the basis of the depth analysis of features of search engine service market, such as the two-sided markets characteristics, high barriers to entry and dynamic competitive characteristics, the writer point out that the features cause difficulties to the traditional method which judges the abuse of a dominant market position in the field of search engine services, and propose solutions to the difficulties.Part III: the confirmation of the illegality of the abusement of robots exclusion protocol by search engine providers. The paper pointed out that the confirmation of the illegality of the abusement of robots exclusion protocol by search engine providers should follow the rule of reason. The factors to consider include if there was a purpose of restricting competition, the impact on the market competition, the rationality of robots.txt files, and the impact on the public interest.Part IV: responsibilities in anti-monopoly law to the abusement of robots exclusion protocol by search engine providers. We should reference the tolerance policy that applied to the abusement of market dominance of network enterprises by America. The illegal behavior should shoulder responsibility that includes administrative and civil liability, such as stop the offense, a fine. And it is essential to establish three times compensation system.