The Determination And Legal Regulation Of Internet Enterprises' Abuse Of Dominant Position In The Market

The development of Internet technology and the growth of Internet enterprises have challenged the anti-monopoly legal system of our country.Although the numerous Internet companies offer us a lot of options,it is undeniable that there are only a few "preferred" Internet products.For example,when it comes to instant messaging products,most people's first reaction is "QQ" and "We Chat";to focus on hot entertainment and social news,few people turn on television and watch live broadcast instead of swiping weibo.The emergence of this phenomenon is the result of market competition and the law of survival of the fittest in the market economy.Those who have strong resources,master the core skills in order to maintain this competitive advantage,Internet companies can often occupy the leading position in a certain market for a long time,even in the relevant market,and they may adopt some unfair means of competition in order to maintain this competitive advantage.At this time,it is necessary for anti-monopoly law enforcement and judicial personnel to accurately identify whether Internet enterprises have a dominant position in the market and abuse the dominant position on the premise of fully understanding the characteristics of the Internet and the relevant knowledge of economic law.In the traditional economy,the premise of enterprise abusing the dominant position of market is to define the relevant market.The general methods include the alternative method and the "SSNIP" test method.Under the background of the new knowledge economy dominated by Internet enterprises,the first step to define the relevant market has been in a difficult position because of the inherent characteristics of the Internet itself.In addition,although the new Anti-unfair Competition Law directly stipulates that market operators can not use network technology and other means to undermine the legitimate competition of other operators,the Anti-monopoly Law has been introduced early and has not yet been renovated,there is no good fit between the two laws to determine the abuse of market dominance by Internet companies.This article selects Qihoo 360 v.Tencent abuse market dominant positioncase,from the related market definition,the market dominant position,the abuse behavior and our country law regulation four levels to carry on the analysis to the action attribute of the sued Internet enterprise.Therefore,we have a concrete understanding of the dilemma of anti-monopoly law enforcement and judicature in the Internet economy of our country,and put forward some suggestions to regulate this kind of behavior.