The Anti-monopoly Law Regulations On The Internet Price Discrimination

As a kind of price strategy for enterprises to participate in market competition,price discrimination is quite common in market competition.However,due to the particularity of the Internet,the implementation way of price discrimination and the extent of accepting price discrimination are both affected,therefore,it affects the application of anti-monopoly law regulation in the Internet field.Because of the influence of Internet and the conflict between Anti-monopoly law and other laws,the Anti-monopoly law regulating the price discrimination in the internet field leads to some problems in the application of the anti-monopoly law,such as the value of the anti-monopoly law,the principles of the anti-monopoly law application,the relevant market of the operator and the determination of market dominance.Therefore,this paper analyzes the anti-monopoly regulation of price discrimination in the Internet field,and analyzes emphatically the particularity of Internet which brings difficulties to the regulation of the anti-monopoly law in the Internet field compared to the traditionary market,so as to make some corresponding solutions more pertinent with the hope that anti-monopoly law can deal with the price discrimination in the Internet field much better.Apart from the prelude and conclusion,this paper includes five parts:The first part is the description of price discrimination and its three behavior forms in the Internet field,including some related concepts of price discrimination,its three forms of behaviors,and the affection that the particularity of the Internet brings to the anti-monopoly law application in the Internet field.This part is to clarify the relevant concepts,to introduce the price discrimination behavior in the field of the Internet,and it is the foundation of latter parts analysis.The second part is the necessity of anti-monopoly regulation of price discrimination in Internet field.This part demonstrates the necessity of the anti-monopoly law regulating the price discrimination in the Internet field from three dimensions,which is conducive to maintaining the order of competition in the Internet field,increasing the overall welfare of consumers and there is superiority of anti-monopoly regulation.The third part is the path analysis of anti-monopoly regulation of price discrimination in the Internet field.Firstly,it analyzes whether the enterprises in the Internet field have the dominant position in the market,since only the abuse of the market dominance behavior should be regulated by anti-monopoly law.Secondly,it analyzes from the subject,subjective,objective as well as the consequences of damages these four aspects of the implementation of the price discrimination.Finally,it analyzes whether the enterprises have good cause to determine the price discrimination behavior should be subject to the regulation of anti-monopoly law.The fourth part is the predicament of anti-monopoly regulation of the Internet price discrimination in our country.This part demonstrates the difficulty of the anti-monopoly law in dealing with price discrimination in the Internet field,namely,lack of value proposition to encourage innovation in the anti-monopoly law of China,lack of reasonable principles in the anti-monopoly law,the difficulties in recognizing the relevant market and the dominant position of the market.The fifth part is based on the analysis of the difficulties of the anti-monopoly regulation of price discrimination in the Internet field,and it draws lessons from the experience of some foreign theories and practices to put forward corresponding suggestions.The suggestions are divided into five aspects: perfecting the value target of China's anti-monopoly law,increasing the application of reasonable principle,weakening the recognition of relevant market,determining the standard of comprehensive market dominance and paying attention to the operator's commitment system.