The Research On The "Modest Inhibition" Regulation Of Internet Monopoly Behavior

In recent years,the rapid development of internet economy in China has become an important driving force which can not be neglected in the "new normal economy" stage.However,for many internet enterprises to take the merger of companies,anti-monopoly law enforcement agencies have not been prohibited,causing the public to the internet in the field of monopoly issues of widespread concern.China's competition law system is based on the traditional economy,and it is not suitable for various internet business behaviors.In order to enhance the applicability of competition law in the internet field,the anti-unfair competition law has been the first to complete the revision,while the anti-monopoly law still has some difficulties in respect of the turnover and market share of internet enterprises,and the regulation of internet monopoly behavior is bound to be adjusted accordingly.For promoting the rapid and effective development of China's internet economy,this article through the construction of internet monopoly of the concept and ideas,in the existing legal provisions on the basis of improving the internet domain "Anti-Monopoly Law" applicability,encouraging the internet enterprises bigger and stronger.The full text is divided into four parts:The first part put forwards the two different concepts of internet monopoly behavior regulation.Facing the huge internet platform enterprises,some scholars have pointed out that it is necessary to strengthen supervision,strict regulation,preventing the internet industry appearing a single big phenomenon,but from the administrative law enforcement and judicial precedent,have not confirmed that the behavior of internet enterprises is a monopoly,the determination of internet monopoly hold a relatively conservative attitude.Therefore,there is no consensus on the concept of monopoly behavior regulation in the internet field.The second part expounds the connotation of "modest inhibition" regulation of internet monopoly behavior.By introducing the more mature theory of "modesty" in the field of criminal law,combined with the characteristics of internet anti-monopoly regulation,this paper defines the concept,characteristics and requirements of "modest inhibition" regulation of internet monopoly behavior,and provides guidance for the specific establishment of "modest inhibition" regulation system of internet monopoly.The third part demonstrates the significance of "modest inhibition" regulation on internet monopoly behavior,and explores the practice of extraterritorial countries inthe field of internet antitrust.Based on the characteristics of the internet economy,such as the innovation changeable and double nature of internet monopoly behavior,not all internet monopoly behavior will have adverse consequences,and strict control over internet enterprise behavior is likely to hinder the rapid development of internet economy.At the same time,the existing anti-monopoly rules difficult to adapt to the development of internet enterprises,in the "Internet +" has become a formal development strategy in China,in order to achieve the integration of industrial policy and competition policy,the internet competition policy is bound to keep pace with the times.The practical experience of the European Union,the United States and other extraterritorial countries shows that with the deepening of China's socialist market economy system reform,it is of great significance to adopt "modest inhibition" regulation on internet monopoly behavior.The forth part discusses the implementation of the regulation of internet monopoly behavior "modesty".First of all,on the principle of regulation,the identification of internet monopoly behavior is based on the principle of rational analysis,combined with the characteristics of internet industry to analyze and consider comprehensively;Secondly,the regulation of specific monopolistic behavior should be adjusted accordingly.In the determination of abusing the dominant position of the market,adding dynamic evaluation mechanism,attaching importance to the substitution effect and effect analysis of the entity market,in the concentration of undertakings,aiming at the characteristics of the merging of internet enterprises,relaxing the standard of merging declaration,and even gradually canceling the prior declaration into the ex post filing system,Giving priority to the innovation of products and technology by internet enterprises to apply exemption system;Thirdly,in the application of legal liability,the internet monopoly which is seriously harmful to the competition,as far as possible to reduced the way of administrative responsibility,to apply the responsibility of civil liability,in order to minimize the overall impact on internet industry;Finally,for perfecting the social governance system,we should give full play to the supervision function of the social third party organization,and promote the effective realization of government,society and enterprise's common governance mode,and finally carry out the "modest inhibition" regulation of internet monopoly behavior.