Research On The Legal Regulation Of Internet Platform Monopoly

With the development of modern science and technology,the status of traditional industries in social life has been declining.The emerging industries represented by Internet technology have risen rapidly and dominated.The network economy has the characteristics of “network externality effect” and “lock-in effect”.In line with this,emerging Internet platform enterprises often adopt a new mode that is different from traditional industries—platformized business model.The legal regulations have also become more complicated.When legal regulation of Internet platform enterprise monopoly,we should first analyze the necessity of legal regulation.Based on this research idea,the general theory of the monopoly of Internet platform and its existing disputes are carefully combed and summarized.This part first elaborates on the characteristics of the Internet platform and the monopoly issues involved.Secondly,it analyzes the necessity and controversy of monopoly legal regulation of Internet platform,and reveals the serious harm of Internet platform operators abusing market market dominance to disrupt competition order through "Qihu 360 v.Tencent Case",and analyzes the necessity of monopoly legal regulation on Internet platform.Sex.Finally,it discusses the theoretical basis of monopoly legal regulation of Internet platform,including bilateral market theory,network effect theory,consumer rights protection theory,and fair and free competition theory.The regulation of the abuse of market dominance by Internet platform companies involves three core issues: the definition of relevant markets,the determination of dominant position,and the assessment and review of abuse.With regard to the definition of the relevant market of the Internet platform,the definition methods of the traditional related market are first described,including the demand substitution analysis method,the supply substitution analysis method,and the assumed monopolist substitution method.Secondly,it analyzes the problems that the traditional related market definition applies to the Internet platform,mainly including: the broad and unclear definition of the Internet platform trading market,the price income of the related product market,and the cross-network effect without considering the Internet platform.Finally,the regulatory recommendations for defining the relevant market of the Internet platform are proposed.Regarding the identification of the dominant position of the Internet platform market,it first starts from the criteria for determining the dominant position of the market,and then points out the dilemma of the market dominance of the Internet platform,including the difficulty of market share budgeting and the emergence of new market entry barriers.Finally,it puts forward the regulatory recommendations for determining the market dominance of the Internet platform,that is,adjusting the traditional market structure standards based on market share and analyzing the new market entry barriers for Internet platform enterprises.Regarding the evaluation and review of the abuse of market dominance on the Internet platform,the main manifestations of the abuse of market dominance by the Internet platform are firstly analyzed,including non-price discrimination,traffic hijacking,and platform selection.In the analysis of the above four abuses,on the basis of defining their concepts,combined with relevant cases,the specific abuses are illegally identified.In terms of how to improve the law on the monopoly regulation of the Internet platform,the following suggestions are made innovatively:(1)A new viewpoint based on the differences in the types of business structures of the Internet platform is proposed,that is,when defining the relevant market of the Internet platform.Different definition methods should be adopted for Internet platform enterprises of different business structure types.(2)It advocates the inclusion of non-price discrimination,traffic hijacking,platform selection,etc.,which seriously endangers competition on the Internet platform,into Article 17 of China's Anti-Monopoly Law,and regulates it through the methods listed in the plain text.China's "Anti-Monopoly Law" should improve the content of Article 17 of Chapter III to further improve its operational level.(3)When anti-monopoly law enforcement agencies determine the market dominance of Internet platform enterprises,they should take into account various factors such as the size of network users and the transfer costs of platform users.(4)The calculation indicators that need to be considered when determining the market share of the Internet platform enterprises are proposed.That is to say,when calculating the market share of Internet platform enterprises,the number of enterprise users on the Internet platform,the Internet market traffic,and the search volume of the Internet platform are used as calculation indicators.