Study On Legal Regulation Of Abusing Market Domination In Network Environment

With the continuous development of science and technology and the wide application of information network technology,network information technology has become an indispensable driving force for the development of market economy,and it has also been valued and utilized by many social groups.At the same time,the development of the market economy under the network environment has brought new opportunities and challenges to the traditional economy.The earliest meaning of market dominance came from Germany,but the German law did not clearly define the specific meaning of market dominance.The dominant position of the market is an economic phenomenon.Whether operators occupy market dominance is an important measure of the proportion of the operators in market share,but it is not the only indicator.In the fierce interest competition,the operators already existing in the market need to constantly improve their market competitiveness in order to defend their position,and the emerging operators must constantly improve the competitive advantages of their own products and services in order to have a place in the market..In the fierce market competition,some operators harm their legitimate rights and interests for their own interests.How to define the relevant market of the operator and the dominance of the market of the operator under the network environment,whether the behavior of the operator constitutes abusing the dominant position of the market emerges in an endless stream,so it is worth in-depth study.The current Anti-Monopoly Law of China came into effect on August 1,2008.However,with the improvement of the social science level,the widespread use and popularization of the Internet,the number of anti-monopoly lawsuits under the network environment has gradually increased,the legal regulation of the abuse ofmarket dominance under the Internet environment in China's Anti-Monopoly Law is still insufficient.This has led to relatively few legal basis for the legal application of such cases,and there are still some defects in the specific operations.In order to make up for the deficiencies of this problem,it is particularly important to study the abuse of market dominance in the Internet environment.This article mainly adopts the method of case analysis and represents three typical cases related to the abuse of market dominance.As the object of this study,it fully analyzes the research and summarizes the relevant case dispute points,and carries out legal analysis on the relevant dispute focus.The problems that existed were finally targeted legal measures,and puts forward some suggestions on the legal system of abusing market dominance in network environment.This article is divided into three chapters to discuss.The first chapter mainly elaborates on the basic case of three cases,and combines the specific judgments of the case,sums up the common controversial focus of the typical case of this case.The second chapter focuses on the specific legal analysis of the common dispute points of the case.Firstly,it analyzes the definition of the relevant market under the network environment and then analyzes the problems in the abuse of market dominance under the network environment.The third chapter mainly combines China's Anti-Monopoly Law and other related laws and regulations,and analyzes some legal issues in the above analysis,and concludes that the market under the network environment is bilateral,and the market of the network must be taken into account when defining the relevant market.Characteristics,in addition to taking into account the factors of market dominance,we must also consider factors such as demand substitution.In determining the dominant position of the market,the factors such as the externality of the network environment and the ease of market entry have increased.At the same time,it further clarified the criteria for determining the abuse of market dominance.At the end of this article,the author proposes to draw lessons from the advanced experience and lessons of Western developed countries,add punitive damages clauses in the anti-monopoly civil liability,and through the above exploration and analysis,draw the final conclusion,andimprove the anti-monopoly law under the network environment.Regulations should clarify the definition of relevant markets under the network environment and make clear the market's dominant position and abuse standards.