The Use Of Market Dominance In Search Engines

With the maturity of Internet technology,the search engine has been widely used.At the same time,it has also caused a lot of monopoly and antitrust problems in the search engine market,and even litigation.This paper takes everyone's case of Baidu,which was once known as "the first case of national antimonopoly" years ago as a sample case,and explores some common problems of abuse of dominant position in search engine field from the perspective of bilateral market.First,it introduces and analyzes the dispute focus and relevant legal issues of the case of Baidu's monopoly dispute case.This paper will focus on the issue of the focus of the dispute.At the same time,in this case,it also involves how to define the dominant position of such a special bilateral market in search engine field,as well as other legal issues in the special field,such as justification of abuse of market dominance and immunity.Secondly,we discuss the particularity of the search engine market in defining the related market from the perspective of bilateral market.Mainly from the related service market and the relevant regional market the two aspects.From the point of view of the related service market,this paper affirms the independence of the special bilateral market of search engine.From the perspective of the relevant regional market,considering the particularity of the Internet industry,this paper argues that we should define the regional market of search engine from the perspective of user preferences.It should not be expanded at random.In addition,the abuse of market dominance in the search engine market is analyzed.The Internet industry itself has a natural monopoly.This makes misuse in the field of search engines likely to be common and common.Therefore,how to define the misuse of some of the search engine's behavior has become a difficult problem.In this case involved in the Baidu bidding ranking,shielding behavior,itself is a neutral behavior.But in this case,the two behavior of Baidu involved subjective abuse.Therefore,through the two kinds of abuses embodied in the Baidu case,the author analyzes the particularity of the abuse of monopoly in the search engine market.Finally,the "justifiable reason" exemption from the misuse of market dominance in the search engine field is analyzed.In the "everyone sue Baidu" case involved the justifiable immunity of the misuse in the search engine field.However,this article holds that the establishment of such an exemption should not only be guaranteed as a precondition,but should be considered in combination with other factors.Therefore,it is possible to analyze the possibility of "justifiable reason" exemption in the search engine field through the justifiable immunity of the case.