The Anti-monopoly Regulation System Of Exclusive Dealing On The Internet Industry

After more than ten years of rapid developing,oligopoly competition has become prevailing in China's internet industry,which means that its competitive mode has transfer from a free one to a monopolistic one.Internet companies that have already taken the lead in the industry try to maintain their market share by signing a restricted transaction agreement or implementing exclusive dealing.Internet companies often practice these two kinds of behavior,and among them the "either A or B" strategy is particularly popular.In the report called "China Internet Industry Competition and Monopoly Observation Report(2008-2018)",antitrust research group of Nandu big data research institute analyses seven cases samples of restricted transaction,finding five of them were suspected of the "either A or B" strategy.General Secretary Xi Jinping once mentioned at the symposium on cyber security:,Presently,there are some illegal competitive strategies and abusing of market dominance in the internet market,and I heard many opinions from SMEs." Despite the severe competition condition in internet industry,the number of cases concerned by anti-monopoly law enforcement departments and judgement seats is extremely small,and relevant laws have a relatively low adaptability in the prospering internet industry.Based on the background mentioned above,this article pays attention to the regulation status of the exclusive trading behavior in the Internet industry.Through the relevant trial cases of the market supervision bureau and the court,this article analyzes the problems faced in anti-monopoly legislation and law enforcement,combining the EU's regulatory experience and previous research results in order to solving those problems.This paper is divided into four parts as follow:The first part explains the basic issues of exclusive trading,including the definitions,the positive and negative competitive effects of exclusive deals and the characteristics of exclusive exchanges happens in the internet industry.The second part,combined with the current legislative situation and cases,analyzes the status quo of the exclusive trading behavior of the internet industry,making a summary of the problems reflected therein.In order to do a minute inquiry,this part exhaustively collects the exclusive transaction behavior cases of the Internet industry,analyzing them one by one,and then interprets the provisions of the current legislation,and tries to raise the deficiencies.The third part is a study of the EU's enforcement experience in dealing with exclusive transactions in the Internet sector.First,the general situation of the case is introduced,and the reasons for the European Commission concerning Google has market dominance in the relevant market sectors are analyzed.Secondly,it summarizes the significance of the case to the recognition of Internet companies' market dominance and the Internet industry's conduction and network effects to China's Anti-monopoly Law enforcement departments.The fourth part puts forward specific suggestions for resolving problems mentioned above.First of all,it is proposed that clearly defining the market scope is not necessary when departments deal with similar cases.Second,it emphases on high-efficiency of the anti-monopoly law enforcement and long-term supervision of Internet companies based on the market share.Thirdly,it mentions increasing the professional qualities of judicial official so that to solve the problem of unreasonable judgment comment and changing the distribution of the proving liability in the anti-monopoly civil litigation.Finally,it puts forward suggestions for cultivating and developing the competition culture of the Internet industry as well as building the competition advocacy obligation of anti-monopoly law enforcement agencies.