Research On The Identification Of The Abuse Of Market Dominant Position In The Mobile Internet Field

Mobile Internet,since its came into being,has shown explosive growth.The continuous innovation and improvement of mobile devices represented by smart phones have enhanced the functionality of mobile devices and also expand people's demand for mobile devices.Coming with the severe market competition of mobile Internet is the monopoly behavior,and the abuse of dominant market position is especially obvious.And this behavior extremely disturbs the normal market competition order,and even affect the interests of consumers and the social public.So things need to be done to regulate this bad atmosphere.However,China's anti-monopoly law obviously lags behind the reality that the abuse of market dominant position in the mobile Internet field is becoming rampant,which results in a embarrassed situation that the abuse of market dominant position could not be accurately identified during the regulation process.Therefore,the abuse of market dominance in the field of mobile Internet shall be identified and studied.This thesis starts with the particularity of the abuse of dominant market position behaviour in mobile Internet field.Then the difficulty for the identification of the abuse behaviour has been pointed out.Finally the corresponding solutions are being put forward.This thesis,excluding the Introduction and Conclusion part,is divided into the following four parts:The first part of this thesis mainly talks about the particularity of the abuse of market dominance in the mobile Internet field.This part intends to deconstruct the main manifestations of the abuse of market dominant position in mobile Internet field through the clarification of the meaning and particularity of mobile Internet.And also,the challenges facing in the identification of the abuse of market dominant position in the mobile Internet field is pointed out in this part.Mobile Internet is not an extension of PC Internet,it has its unique meaning and characteristics.Comparing with traditional industries,mobile Internet has the characteristics of market complexity,platform economy and business model innovation.And when comparing with PC-side Internet,mobile Internet also has its own uniqueness,including portability and convenience,instantaneity and accuracy,and relative closeness.In addition,combined with the analysis of the main manifestations of abuse of dominant market position in the mobile Internet field,the challenges faced by theidentification of abuse of dominant market position in this field are mainly reflected in the vague definition of relevant markets,inaccurate identification of dominant market position and the difficulties in the identification of illegal behaviors.The second part is about the definition of relevant markets in the field of mobile Internet.On the basis of analyzing and understanding the traditional methods of defining the relevant market in the industry,this part points out the difficulties of defining the relevant market in the mobile Internet industry through traditional methods.And a new method of defining the relevant market in the mobile Internet is proposed based on the particularities of the mobile Internet in this part.In the market definition of related products,when alternative analysis method is applied,the functions of products should be clarified and the role of price changes should be weakened by combining the features of mobile Internet products such as functional aggregation and low substitution.When applying the SSNIP method,we should grasp the characteristics of the bilateral market,the purpose of data competition and the characteristics of relative closeness,so that SSNIP can be applied under the condition of full competition.In addition,product performance test method and profit model test method could also be introduced to define the markets of related products.For the definition of relevant regional markets,reference can be made to the definition methods of relevant product markets,and classified definition methods can be adopted to solve the problem of overlapping between mobile Internet and traditional industry markets.The dynamic nature of competition in the field of mobile Internet determines that attention should be paid to the definition of relevant time market.The third part is about the determination of the dominant position in the mobile Internet market.This part intends to analyze the influence of the network externality,transmission effect and ecological closeness of mobile Internet on the formation of market dominant position.Furthermore,the difficulties in identifying market dominant position are being analyzed while new way of thinking for identifying market dominant position in the field of mobile Internet are being proposed in this part.In the determination of market dominance in the field of mobile Internet,the market structure standard is not fully applicable.In the meanwhile,new types of market entry barriers such as data-driven entry barriers,barriers formed by economies of scale,entry barriers formed by technical standards,and increased dependence on relative traders.In this regard,this thesis not only proposes to reform the market share estimation method and attach importance to new barriers to market entry,butalso proposes to introduce non-structural criteria such as the ability of operators to obtain data and the ability to analyze and use data to identify the market dominance position.The fourth part of this thesis is about the judgement of the abuse of dominance in the field of mobile Internet.On the basis of pointing out the difficulties of judging the abuse market dominant position in the field of mobile Internet,this part is intended to analyze the applicable basis and specific applicable situation of the rationality principle.And the judgement thinking of the abuse of market dominant position in the field of mobile Internet are put forward in the final of this part.In the field of mobile Internet,the competition behavior is complicated,the competition effect is difficult to identify,and the subjective purpose is always hidden well,resulting in the inaccurate identification of the illegality of the operator's behavior.The application of the principle of reasonableness to determine the illegality of the act can not only promote the development of the industry in combination with the particularity of market competition in the mobile Internet field,but also make up for the lag and uncertainty of legal regulation in the “Anti-monopoly Law”.In the field of mobile Internet,the "legitimate reasons" in the principle of rationality include improving economic efficiency,necessary for operation,promoting the innovation in the industry and protecting personal privacy.In judging the illegality of a specific act,the positive and negative benefits of the act should be weighed in combination with the above "legitimate reasons".