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Research On Legal Issues Of Abuse Of Market Dominance In The Internet Sector

Posted on:2019-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:W J LuoFull Text:PDF
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At present,the era of Internet product competition has already been opened.The study of abuse of dominant position in the Internet field is of great significance for standardizing the behavior of Internet companies.Create a good competitive environment and orderly competitive order is very important.Domestic and foreign scholars have systematically analyzed and discussed the related theories and practices.It has mature judicial practice in all parts of the world,especially in the developed countries and regions with relatively advanced Internet technology.It is very significant to improve our legal system.Based on the theory of anti-monopoly legal system in China,the classic case in the field of Internet in China is Qihoo v.Tencent.According to EU law,the United States and other countries and the specific case,I make analysis and suggestions for China's legislation experience,regulation of the specific legal procedures and punishment in the professional field.In view of this context,I divide the article into five parts: As an introduction,The first part introduces the background and significance of the research on the legal issues of abusing the dominant position in the Internet field.The theoretical research in this field at home and abroad,research ideas and methods,and so on.The second part mainly to summarize the basic theory.It includes the identification of the dominant market position,the definition of the related market and the behavior of abusing the dominant position of the market.Combined with the current "Internet plus","big data era" of the special background,emerging the representative technology enterprises such as network platform,they are virtual and no boundary,We cannot use the traditional theory to identify the "dominant market position" clearly.This paper advocates the discussion of more effective solutions.I introduce the classic case in China in the third part,and studies the basis of judgement of the Supreme People's court,and summarizes it.By comparing the European Union's handling of similar cases,I get the important enlightenment of EU's Internet industry anti-monopoly policy to our country.The forth part is the systematic collation of the problems related to the abuse of market dominance in the field of Internet,including the lack of legal system,the lack of relevant standards,the neglect of intellectual property rights,and some defects in the legal responsibility and punishment procedure.In the last part,I summary on the above problems.At present,our country is in the background of reform and innovation,and the economic development is advancing by leaps and bounds.The Internet market is changing with each passing day,and the law itself is lagging behind.The perfect law can protect the economic development,and the enterprise's behavior can't break the law.There are 3 suggestions should be proposed: first,to guide the establishment of open standards.Second,we should pay more attention to the intellectual property rights.Third,to improve the legal regulation method and law enforcement system.Through the specialization of the law,it promotes the efficiency and order of the enterprise development,and promotes the rapid development of the Internet economy.
Keywords/Search Tags:Internet, Dominant position in the market, Relevant market, Property right
PDF Full Text Request
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