Anti-monopoly Regulations For Search Engine Discrimination

In April 2015,the EU concluded that Google's use of market dominance to prioritize its own shopping services violated antitrust laws and filed an antitrust lawsuit against Google.The case has become a model for learning and drawing lessons in how to define relevant markets in the implementation of anti-monopoly law in the search engine service market in the world,determine market dominance,determine the misconduct of abuse and how to reasonably create a good competitive order for the Internet economy..The oligopoly phenomenon in the search engine field has emerged,and it is extremely urgent to carry out relevant regulations.In view of this,this paper intends to analyze and summarize the nature and particularity of discriminatory behaviors of search engines such as improper sorting,bidding ranking and malicious screening,and analyze the dilemma of anti-monopoly law system caused by the particularity of search engine service market and its causes.And put forward the opinions of the system construction in a targeted manner.The specific arrangement of this paper is divided into three parts: the first chapter of the article first defines what is the search engine,what is the search engine discrimination behavior,and lists three typical types of search engine discrimination behavior.Secondly,the chapter also discusses the practical significance of regulation from four aspects: consumer rights protection,search engine industry development,international competition needs and legal equality principles.Finally,due to the public nature of search engines,the public interest theory became the basis of its regulatory theory.Since search engines belong to emerging industries,and their innovative and technical characteristics lead to information asymmetry between enterprises and regulatory entities,the theory of incentive regulation is introduced as its theoretical basis.The second chapter discusses the dilemma of the search engine industry regulation,and analyzes that the current anti-monopoly law system is facing difficulties.The relevant product market and regional market and market dominance are difficult to define.The definition of search engine service has legal gap and discriminatory behavior.Some "rationality" factors have led to legal problems in search engine discrimination.The third chapter puts forward the countermeasures of the anti-monopoly law system of search engine discrimination behavior,firstly determines the principle of law enforcement prudence and the principle of illegal identification.Secondly,it constructs a specific regulation system for search engine discrimination behavior,further improves the identification system of relevant markets,improves the identification system of corporate market dominance,and improves the qualitative standards of search engine discrimination.Third,improve judicial regulation,implement the two schemes of inversion of burden of proof and reasonable determination of certification standards,improve the evidence system,and rationally distribute the burden of proof.Fourth,establish a cooperation mechanism between industry supervision and anti-monopoly law enforcement.Through the cooperation between the legislative level and the implementation level,give full play to the respective advantages of industry supervisionand anti-monopoly law enforcement agencies,and further improve the efficiency of anti-monopoly law enforcement.Fifth,give full play to the anti-monopoly law functions of the judicial organs,and constantly increase the participation of the judicial organs in law enforcement work while exerting the respective advantages of the anti-monopoly law enforcement agencies and the people's courts.