Research On The Legal Issues Of Abuse Of Market Dominance In Internet Industry

The Internet has opened a new era,that is,the great invention of mankind in the 20 th century.It has changed the way of life of human society and accelerated the pace of human civilization.With the development of the Internet industry,the further popularization of network access equipment and the continuous reduction of the cost of Internet access,Internet users will continue to increase,and more government affairs and business activities will be handled on the Internet.Such a large number of users and business makes the Internet industry more influential,and also leads to more attention to the problem of Internet monopoly,and some anti-monopoly investigations.It is of great significance to study the problem of Internet monopoly.Internet is a new growth point in China's current economic development.At the same time,it is in the stage of free competition and is moving towards monopoly.In the world,due to the development of the Internet economy,the increasing number of legal cases of monopolistic behavior is increasing.Domestic anti-monopoly cases in the field of Internet,"Alibaba acquisition of Yahoo case","Beijing Scholars Company v.Chinese Internet monopoly case","Tencent QQ and Qihu 360 competition disputes and so on.At the same time,there are many foreign anti-monopoly cases,such as the "U.S.Government v.Microsoft Corporation case","Korean Government v.Microsoft Corporation case","European Union v.Microsoft case" and other well-known anti-monopoly cases.It has been found that most cases involve Internet operators with market dominance abusing their market power to engage in anti-competitive activities.If we want to solve all kinds of problems in Internet monopoly,the best effective way is through legal means,so that market competition behavior can be better regulated.In the face of various monopoly problems in the Internet industry,it is suggested to take corresponding countermeasures.The first part should analyze the formation mechanism of market domination in the industry.The dominant position in the Internet industry is due to the shortcomings of scale economy of suppliers in traditional industries,which is overcome by the demand side economies of scale based on the network effect owned by the Internet,so as to realize the continuous increase of marginal revenue.In addition,the major operators in the Internet industry,which have a huge market dominance,are due to the user stickiness caused by the lock-in effect.The second part should analyze the definition of relevant market in Internet industry.The definition of the relevant market is the logical starting point of the whole anti-monopoly analysis.We can try to revise the traditional "hypothetical monopolist test" from two aspects: the range of price increase and the time of price increase.At the same time,we can draw lessons from the European Union's "profit model test method" and the United States' "product performance test method" which have rich testing methods.In the third part,we should adopt the improvement of market share calculation method to evaluate the role of new market entry barriers in the determination of market dominance in the Internet industry.In the fourth part,the specific types of abuse of market dominance in the Internet are very important to the anti-monopoly law,and their analysis is also the key to the regulation of the anti-monopoly law.