Research On The Anti-monopoly Law Of The In-app Purchase Model

Mobile payment is a new payment method of providing funds for products or services through portable electronic devices such as smart phones and tablet computers etc.Payment is a rigid demand for marketing activities,and today,mobile devices are increasing in coverage and mobile payment techonoly is constantly upgrading,the more and more businesses are targeting the "Blue Ocean" of mobile payment for the future development of Internet e-commerce.The competition of payment channels is about the competitors' speaking right of Internet market in future.The competition of the mobile payment industry is not the competition of a certain product or service,but the competition of user traffic entrance and economic platform.Its affected scope and extent are more far-reaching than the traditional competition.Competition and monopoly depend on each other.In an emerging industry like mobile payment,the market mechanism of the optimal allocation of resources should be given full play to encourage market transactions and market innovation.At the same time,we should also see the problems in the mobile payment industry,that is,we should not over-protect innovation and exclude it from legal regulation.As the valve to open or close the plantform's benifits,the closeness of the In-app purchase mechanism and the power of the economic platform have positive correlation,and it tend to be a instrument against the competitive platform in improper ways,and may easily trigger the bottom line of abusing of market dominant position.Therefore,this thesis is of practical significance and theoretical value.Apart from the introduction and conclusion,the main contents of this paper are divided into five parts:The first part summarizes the basic problems of In-app purchase mode,aims to clarify its inherent meaning,pave the way for further research on the issues through the characteristics,operating mechanism and development status quo.In-app purchase,refer to there is just only payment entry within the application.Payment by users must go through the built-in channel and system maintainance is special.It is one of the three mainstream ways to create income for mobile application in parallel with paid downloads and mobile advertising.And it has the characteristics of concealment,channelization,competition and monopolization.Its produce and development is closely related to technicial innovation in mobile payment industry and the consistent popularity of smart phones.The second part analyzes the behavioral characterization of the abuse of market dominance by In-app purchase pattern.The purpose is to show that the regulation by antitrust law is the realistic demand of market competition freedom.The incident of Apple vs WeChat about "Appreciation" incident has become a microscope of the mobile payment industry competition.The contest between the largest social platform WeChat and the largest high-end smart phone Apple in our country caused great public concern.In-app purchase mode is widely used in the commercial ecological competition of mobile payment,multiple benefits relying on just one economic platform.Mastering the profit port like the In-app purchase mode,means the one would obtain the first-mover advantage in the payment channel competition and can even achieve the dominant position of bully in the whole econogical competition.This monopoly attribute of the In-app purchase pattern must be cared.The third part discusses the necessity and feasibility of using the anti-monopoly law to regulate the problem caused by In-app purchase mechanism,and analyzes the logical starting point for anti-monopoly law regulation,aims to find a fit point between the actual problem and the theoretical discussion.Competition does not always mean anti-competitive,we should also see the creativity and vitality of the In-app purchase model itself.In the process of anti-monopoly analysis about In-app purchase mode,we should also pay attention to grasp the antitrust law's spirits and essences.Therefore,the regulation of “Antitrust Law” must start from the logical point of “Anti-competitive Effect”.In the fourth part,the text excavate the realistic dilemma and theoretical dilemma of legal regulation of “Appreciation” events from the perspective of antitrust law,and to points out the new challenges faced by antitrust law in regulating new industries such as mobile payment market competition.The benefits of In-app purchase mechanism are attributed to the entire ecosystem,and the competition is still the ecological competition in the mobile payment industry.The factors including confusion in the selection of relevant market analysis tools,the failure of market share reference factors and the incomplete legal supervision system,and so on,result in the incident of “appreciation” falling into the margins of antitrust legal regulation,the legitimate rights and interests of users and the effectiveness of the mobile payment industry competition is hard to be maintained.Based on the analysis and research,the fifth part puts forward some suggestions on the governance of monopoly in mobile payment,and from the theoretical and practical aspects,the solution of the problem is put forward.