Study On The Antitrust Regulation Of Internet Companies' Tying Behavior

Recently,more and more Internet companies expand their market share by abusing market dominance,especially tying.For example,"EU v.Microsoft case","Qihu 360 v.Tencent case" and other cases.China's current Anti-monopoly Law is restricted by the market environment at the time of enactment.The relevant theories and legislation are not enough to deal with the problem of abusing market dominance and carrying out tying in the Internet industry.If the traditional anti-monopoly means are used to regulate the tying behavior of Internet enterprises,there will be great difficulties in identifying the dominant position of Internet enterprises in the market,defining the relevant market,judging the independence of products,allocating the burden of proof and evaluating the competitive effect of tying behavior.Therefore,by analyzing the challenges posed by the particularity of the Internet to the regulation of the traditional anti-monopoly law,this paper puts forward more targeted solutions,in order to better regulate the tie-in behavior of Internet enterprises in China.In this paper,literature research,case study and comparative research methods are used to analyze the current situation of anti-monopoly regulation of tie-in activities of Internet enterprises in China.Combining with case analysis practice,the difficulties faced by Chinese anti-monopoly law in regulating tie-in activities of Internet enterprises are mainly as follows: Inaccurate identification of market dominant position;difficult to judge the independence of tying products and tied products;unreasonable allocation of burden of proof;difficult to assess the competitive effect of tying behavior and a series of other issues.In view of the current situation of ruling tying of Internet enterprises in China,this paper,on the basis of analyzing the deficiencies of relevant laws and regulations in China,learn the best practices of relevant legislation and cases in the United States and the European Union,puts forward some suggestions for perfecting the regulation of anti-monopoly law on tying behavior of Internet enterprises in China: in determining the dominant position of Internet enterprises in the market,we should treat the factors of market share carefully,attach importance to the importance of market entry barriers,and improve the relevant market definition methods;In the aspect of reasonable allocation of burden of proof,the author studies the exemption reasons of Internet enterprises tying act from the perspective of the defendant,and expands the scope of application of the reversal of burden of proof and the scope of the plaintiff's application to the court forinvestigation and evidence;When using the consumer demand standard to judge product independence,we should combine the innovation factors to consider comprehensively;Taking consumer welfare as the benchmark for evaluating the competitive effect and adopting reasonable principles to determine the illegality of tie-in activities of Internet enterprises.