The Determination Of Market Dominance In Internet Enterprises

It is clearly proposed to expand the space of network economy and support all kinds of innovation based on the Internet.The Internet industry has become a new innovation to strengthen the economic development in the 13th Five-Year Plan of China.As a new economic model,Internet transaction not only provides a powerful driving force for the development of the world economy,but also provides consumers with convenient,inexpensive goods and services as well as simple,rapid and diversified search as a new consumption mode.Social services are becoming the mainstream market model.Meanwhile,the rapid development of the Internet industry has also brought Internet enterprises abuse of market dominance and other violations of fair competition mechanism illegal behavior,and gradually highlighted the abuse of Internet enterprises this antimonopoly law regulation problem."3Q case","Baidu case","Google case","Amazon case" and many other famous cases related to the abuse of Internet enterprises have caused a general debate in public opinion,and gradually presented as a clear theoretical problem in the reflection of many scholars.The existing basic theory and legislative practice of antimonopoly law can't be provided sufficient basis and evidence for solving the problem of Internet enterprises in their market dominant abuse.Thus,probing into relevant system of the antimonopoly law regulation on the abuse of market dominance by Internet Enterprises,building a concretely and pointed legal system,providing practical advice on how to complete and perfect the regulation system of Chinese Internet enterprises abusing their market dominance,which not only promotes the judicial practice of China's antimonopoly law,also is an important and inevitable subject in law theory research of the current antimonopoly.This paper,based on the current situation of antimonopoly law in of Internet industry abuse in China and foreign countries,summarize the difficulties that single market apply relevant thinking model to the Internet industry.To find out the defects of the regulation of market dominant abuse in the Internet industry,and to offer further suggestions on how to solve the problem and complete it in the future.It shows the current situation and scale distribution of the Internet industry in China at the first part of this article,introduces the typical cases of Internet industry in the field of antitrust briefly,and puts forward the main research direction of this article.Then it analyzes the characteristics of Internet industry from antimonopoly law,and finds out challenges it brings to antimonopoly law enforcement.They mainly include influence on market power,bilateral market effect,network externality,free strategy and so on.Further causes traditional analytical thoughts in Single Market aren't compatible with practical requirement in Internet industry.In the fourth part,by combining the domestic and foreign judicial practice,the article finds out the challenge and the actual response to the related market recognition in cases,and divides the Internet industry into the retail business,the search engine business,then analyzes respectively.To find out the definition of relevant market recognition in different fields,we should analyze it both horizontally and vertically:Horizontally,we need to consider what functions of the Internet products are close to the functions of physical industry,and even some of the them can be replaced by Internet industry;Vertically,What we need to consider is the competitive enterprise of the whole Internet enterprise and which of their products can be replaced.Finally,the transformation of the analysis mode of the dominant market position of Internet enterprises is obtained.In the definition of relevant market,we could weak its the necessary standard properly,and point clearly that it is only a method,not an end of determining market.We should find alternative way of market definition from profit sources of enterprise.In the definition of the dominant market position,market share elements should be treated carefully.For Internet enterprises,high market share is the necessary form of their survival,and the key to examine whether they have a dominant market position is their control over product prices,the strength of user stickiness,the amount of intellectual property owned and the effect of excluding competition.From this,the qualitative standards for the behavior of enterprises with dominant market position are obtained.Antimonopoly law enforcement in Internet should adopt reasonable principle,regard consumer welfare as an essential to evaluate whether the behavior of a reigning company is worthy of illegal attention.In the field of Internet anti-monopoly enforcement we should adopt the principle of rationality,consumer welfare according to law principle weighs the behavior of enterprises in the market dominance valid criterion,and we will focus on the construction of an open,ordered and fair competition,for establishing an open competition environment and competition policy,and improving the relevant intellectual property protection policies,encouraging innovation,change its pattern of analysis,finally reaching a decision that can be worked out a good plan for the anti-monopoly regulation of the competition needs of the Internet industry.