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Research On Identification Of Market Dominant Position In Internet Industry

Posted on:2019-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:Q YuFull Text:PDF
GTID:2346330545498394Subject:Law
Abstract/Summary:PDF Full Text Request
The economic development of our country has made considerable achievements.As a socialist market economy country,it has given high attention and support to the market competition.It is the expectation of every market operator to have a good and fair competitive environment,and also one of the important conditions for the market to continue to develop healthfully.In reality,the proprietors sometimes misuse the market dominant position,to attain a monopoly agreement between each other or to concentrate on the concentration of the operators.These behaviors not only harm the interests of other market operators but also be harmful to fair rules of market competition.In 2007,China promulgated the anti-monopoly law of People's Republic of China,which aims to prevent and stop the monopolistic behavior,improve economic efficiency,protect fair competition,rights and interests of consumers and public.Misusing the market dominant position is one of the main forms of monopoly.In recent years,there have been many cases of abusing the dominant position of the market.One of the core issues involved in these cases is how to judge whether the company has a dominant market position.Our country fully supports and encourages the development of the Internet industry.However,due to the characteristic of the Internet industry's operation,some provisions of the Anti-Monopoly Law based on traditional industries can't be applied to the Internet industry.In judicial practice,due to lack of basis and insufficient professionalism,the judgment result of the case may cause dissatisfaction in the society and cannot be accepted by the general public.This is not conducive to anti-monopoly work,and it is not conducive to healthy competition in the Internet industry,so it is necessary to discuss this.After analyzing the particularity and profit mode of the Internet industry,we find that the Internet industry has the following problems in identifying market dominant position.First,the definition method of the related market has little applicability in the Internet market.Specifically,there are difficulties in the application of the demand substitution method and the hypothesis monopolist test method in the related products market,and the relevant geographical market has no geographical limits.Secondly,the identification of market dominance has obstacles,the role of market share factors in the traditional commodity market is greatly reduced,and the barriers to market entry are also distinct from the traditional market because of the characteristics of the Internet industry,and the new factors of technical standards and transfer costs have emerged.After combining foreign cases and experiences,some countermeasures for identifying the dominant position of China's Internet industry are given.The definition of the related commodity market in the Internet industry should be defined in the whole of the bilateral market from the perspective of the user and the product itself,and the relevant regional market should be defined in China.The determination of market dominance in the Internet industry should be: to enrich the calculation factors of market share,to analyze the market structure dynamically and to analyze the barriers to market entry based on the characteristics of the Internet industry.Finally,it can be identified with other auxiliary factors,such as the innovation ability of the enterprise,the degree of patents possession.The economic strength of the operator.
Keywords/Search Tags:Internet Industry, Relevant Market, Market Dominant Position, Market Entry Barrier
PDF Full Text Request
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