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Study On The Centralized Review System Of Internet Industry Operators

Posted on:2020-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:T WangFull Text:PDF
GTID:2416330572489919Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the emergence and development of information technology,the Internet industry is developing very fast.After the fierce market competition,in order to obtain greater commercial benefits,the Internet industry has begun to focus on the development of mergers and acquisitions,the M & A business and transactions is very active,and it is expected to become an important part of market operators concentration for a long time in the future.Concentration of operators is helpful to enlarge the scale of industry and strengthen the competitiveness of industry,but it may also lead to monopoly and destroy the structure of market competition.In order to prevent the concentration of operators from forming monopoly and to maintain a fair and orderly competitive environment,the centralized review system of operators plays a vital role.However,because the Internet industry has some characteristics which are different from the traditional industry,it is easy to jump out of the framework of centralized review of traditional operators and it is difficult to apply the centralized review system.Therefore,it is necessary to explore the Internet industry,sum up the problems existing in the application of the system of centralized review of operators in the Internet industry,and put forward some targeted countermeasures.Thus,it's necessary to provide some ideas and solutions.This paper follows the general idea of "finding problems-analyzing problems-solving problems" : First by analyzing the main characteristics of the Internet industry,to find out the Internet industry operators concentrated in the application of the system of centralized review of the existence of controversy;Secondly,it analyzes the specific factors in the centralization of the operator,and then makes a detailed and in-depth analysis of the different focus of the dispute;Finally,combined with the domestic and foreign Internet industry operators centralized review mode,put forward some suggestions to Internet industry to apply the centralized operator review system.In addition to the introduction and conclusion,this paper is divided into three parts:The first part: the basic interpretation of the centralized review system.The main contents include: first,it introduces the concept of centralized review system of operators from the angle of economic theory and anti-monopoly law,and clarifies the necessity of centralized anti-monopoly control of operators.Secondly,it analyzes the starting procedure of the centralized review system of the operators,including the voluntary declaration of theoperators who meet the reporting standards and the involvement of the anti-monopoly law enforcement agencies in the centralized investigation of the operators according to their discretion.Thirdly,from the point of view of laws and regulations,we should integrate the main contents of the review of the concentration of operators,so as to understand more deeply and carefully the objects to be examined by the system of centralized review of operators.The second part: The characteristics of the Internet industry bring the challenge to the application of the centralized review system of the operator.Internet industry has network effect,bilateral market characteristic and locking effect.These unique characteristics make the concentration of Internet industry operators in the application of centralized operator review system become complex,in the declaration and review stage reflect the particularity,emerging some problems.Including: first,there are obstacles to the achievement of centralized reporting standards.The Internet industry usually uses a model of charging on the one hand and free on the other,making it difficult to calculate the amount of its turnover and unable to determine whether it meets the reporting criteria.Secondly,the traditional method of the operator concentration related market is useless.Because the Internet industry has typical bilateral market characteristics,it is necessary to combine the free side with the charge side in defining the relevant market.Therefore,both the supply-demand alternative analysis method and the SSNIP method,which are used to define relevant market,are useless.Third,the evaluation of the effect of centralized competition is more complex.The network effect and locking effect make the Internet industry easy to form monopoly.However,because of the dynamic competition and high innovation of the Internet industry,the monopoly formed by the Internet industry is temporary and competitive.Moreover,even if the concentration of Internet industry operators form a monopoly,it will not damage the rights and interests of consumers.It asks antitrust law enforcement agencies to rationally treat and evaluate the competitive effect brought by the concentration of Internet industry operators.Fourth,the operator centralized review system is easy to be abused.The system of centralized exemption of operators is influenced by the policy and rules of Internet industry,which may be abused by the operators of Internet industry.The third part: The perfection of the centralized review system of Internet industry operators.Based on the analysis of the characteristics of Internet industry and the centralized situation,some suggestions are put forward for the problems existing in the system of centralized review of operators in Internet industry.First,perfect the declaration standard andprocedure.The model of the Internet industry,unique characteristics and other factors should take into consideration.In the setting of declaration standards,clear Internet industry turnover calculation standards and introduce other reporting standards.In the process of declaration,more attention should be paid to the effective combination of centralized parties and law enforcement agencies.Secondly,innovation relevant market definition method.When defining the relevant market of Internet industry,we can introduce the variant method of SSNIP,that is,the product performance test method.In defining the relevant regional market,we should combine user preferences,cultural differences,law,government regulation and other factors.In addition,when defining the Internet industry-related markets is really difficult,and other evidence has been able to fully prove whether the concentration of Internet industry operators will form a monopoly.Desalination of the definition of relevant markets is a realistic method.Third,we need improve the Internet industry operators centralized exclusion of competitive effectiveness of the identification.The rapid and high degree of innovation in the Internet industry has led to the duality and short-term characteristics of the monopoly formed by the concentration of Internet industry operators.Anti-monopoly law enforcement agencies need to improve the efficiency of review and take the rights and interests of consumers into consideration in order to realize the reasonable analysis of the complex competition effect when examining the concentration of Internet industry operators.Finally,the standard applies the operator centralized review system.In the application of the centralized exemption system,the Internet industry can't rely entirely on the industrial policy,but needs to prove the beneficial effect brought by concentration is obviously greater than the adverse impact or conforms to the social and public interests.Through the above countermeasures,it is hoped that it will be helpful to overcome the plight of the current centralized review system for operators in the Internet industry.
Keywords/Search Tags:Internet Industry, Concentration of Operators, Review, Monopoly
PDF Full Text Request
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