Research On Identification Of Market Dominant Position In Anti-monopoly Law On Internet Background

The identification of market dominant status is the core issue of anti-monopoly law,the key of anti-monopoly law,and the important step to determine the illegality of monopoly behavior.With the rapid development of Internet companies today,a number of Internet antitrust cases emerged.However,facing the growing Internet market,the difficulties of market's identification.Under the new Internet economy circumstance,we need to re-recognize the factors that determine the market dominance.In this context,this article studies the factors that determine the market dominance in anti-monopoly law.The article stretches by asking questions,analyzing and solving problems.The text is divided into four parts besides the introduction: The first part states the identification of dominant market status,which elaborates that the relevant factors of market dominance combined with the domestic and foreign views on different views to analyze related theoretical concepts systematically.The second part states the existence of market dominance identified factors in the application of the law,the domestic case Qihoo vs Tencent and the recent case the Ministry of Commerce investigated Didi merged Uber and foreign countries for the Google Corporation's series of antitrust investigation.In these cases,the identification of the dominant market status has become a difficult point.In the Internet economy,there are three as pects of the deter mination of the market dom inant sta tus,the rele vant market is definition,market share,market entry barriers.We should think about the aspects and analyze the difficulties of market dominance identification which include the plaintiff usually had difficulty putting to the proof,and traditional method that identify the relevant market is not available widely.The third part states the cause of dominant status difficulties,the definition of dominant status between the new method and the conflicts appeared in the market dominant status in the Internet.Start from the traditional market,explore the reasons why its difficulties happened.The fourth part states how to improve the identification of the market dominance.Most of the difficulties encountered in traditional methods combined with the characteristics of the Internet economy.The part puts forward a definition of dominant status factors with new knowledge and new ideas.Besides,the part define the relevant commoditymarket with the core function of commodities,and the relevant regional markets with the actual areas of the majority of demanders to choose commodities,and the relevant practice markets in terms of their scope.Considering the number of active users getting into the market share of the calculation basis and market entry barriers,we should recognize the cost of conversion,network externalities,commodity differentiation and hidden costs.At the same time,it can strengthen the burden of proof on the defendant,and improve the institutional configuration and work ability.In addition,it has been perfected the market dominance identification.Through these discussions,we hope that we can make a modest contribution to the study of the factors that determine the market dominance in Chinese anti-monopoly law.