Research On The Legal Issues Of Internet Operators Abusing Dominant Market Position In China

The internet industry is emerging,and its development speed is un usually rapid.It is not only one of the important pillars of national ec onomic,but also one indispensable aspect in the daily life of the peopl e.So the antitrust task of Internet industry is more important than othe r economic fields.Because the industry has some characteristics differe nt from the traditional industry,it is easy to form oligopoly phenomen on,and to bring about a lot of new problems in Anti-monopoly Law.Abusing of market dominance is a common monopolistic behavior in t he Internet industry.At present,the lawsuits of China's abuse of marke t dominance come up frequently.But because of the maladjustment of the Anti-monopoly Law and the relevant laws and regulations for tradit ional industries and the Internet industry,there is a lot of controversy over the results of some judgments.It is urgent to explore a regulatory system for internet abuse of market dominance.This paper is in the order of raising questions,analyzing and solvi ng problems.It puts forward some suggestions and countermeasures to improve the regulation of abuse of market dominance in Internet indust ry in China by combining the methods of document research,case anal ysis,comparative analysis and empirical analysis.The paper includes four parts.The first part studies the problems of market dominance abuse in the Internet industry.It discusses three aspects: the refusal to deal,bou nd for sale and discrimination.The second part analyzes the causes of these problems from both empirical and theoretical aspects.From empirical aspects,it discusses t he unique characteristics,namely,the bilateral market,network externali ty,user lockout and increment of marginal returns of the Internet indus try.They are easily to lead to monopoly;from theoretical aspects,it analyzes difficulties in defining the relevant market and the market domi nance,imperfection of the relevant legal system,the lack of profession alism and independence of law enforcement and the imperfection of su pervision system in the Internet industry.In the third part,the author uses comparative method to introduces the experience and measures of foreign countries,such as the United States,European Union,France,Japan and so on,in regulating the abus e of market dominance in the Internet industry.These provide us with the experience to improve our system.On the basis of the first three parts,the forth part of the paper p uts forward some suggestions on the application of anti-monopoly regul ation to the abuse of market dominance by Internet enterprises in three aspects,namely perfecting relevant regulations of anti-monopoly laws and regulations,perfecting related liability system and perfecting the sy stem of antitrust supervision in Internet industry.First of all,the author puts forward some methods to perfect the Internet related market and market dominant position,in perfecting the relevant regulations of antimonopoly laws and regulations.Secondly,the author thinks that crimin al liability should be introduced in perfecting the existing civil liability system,in perfecting the related liability system.Finally,The author p roposes to strengthen the government supervision and industry self-disci pline to improve China's anti-monopoly supervision system in Internet i ndustry.