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Research On Anti-monopoly Law Issues In The Online Booking Taxi Industry

Posted on:2020-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhangFull Text:PDF
GTID:2416330578473681Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Net car is born on the basis of Internet technology and is the embodiment of "Internet + travel".The emergence of the network car has changed people's travel experience,providing consumers with convenient and personalized choices,which can better meet the travel needs of consumers,and also greatly improve travel efficiency.At the same time as the network car brings convenience,the monopoly problem in the industry is also increasingly prominent.These monopolistic behaviors may disrupt the orderly competition of the online car market,damage the interests of drivers and passengers,hinder technological innovation,and are not conducive to the network car industry.The benign development,it is necessary to conduct research on the anti-monopoly issues of the network car industry and propose regulatory recommendations.According to the principle of reasonableness,the anti-monopoly law is more concerned with the restrictions of behavior on market competition.Protecting innovation has become the value goal of US antitrust law.The core of competition in the Internet industry is technological innovation competition based on data and cloud computing.Therefore,we must pay attention to the impact on technological innovation when analyzing the monopoly behavior of the Internet industry and regulating it.The first part proposes the violation of the anti-monopoly law in the online car market.One is the abuse of market dominance.In order to seize the market,the network car platform grants a large amount of subsidies to passengers and drivers.This behavior may be lower than the cost price and may constitute predatory pricing prohibited by the anti-monopoly law.The car platform specifies the network payment software,which is two independent products.If it can not prove that the specified software can improve the economic efficiency,it may constitute a tying;the network car platform charges different prices for the same transaction,which may constitute Price discrimination prohibited by antitrust laws.The other is thecentralized behavior of the operators.Some enterprises in the online car market have merged without legal declaration,which violates the centralized declaration procedures of Chinese operators.The second part is the legal analysis part,which analyzes the above illegal activities one by one.The network car belongs to the Internet industry.Due to the network externality,user lock-in effect,and diminishing marginal cost of the Internet industry,the relevant market definition methods and market dominance determination methods applicable to the traditional real economy cannot be fully applied to the network car industry.First define the relevant market,assuming that the Monopolist Test Method(SSNIP)is based on price changes and applies to traditional industries where consumers are sensitive to price changes.The Internet industry adopts a free mode,so this method will fail when it is used in the Internet industry.Domestic and foreign scholars have proposed methods such as product function test method,profit model test method and sales model test method to define the relevant product market of the Internet industry.From the perspective of demand,supply angle,sales model,etc.,it is judged that the network car is different from the traditional parade taxi,and it is determined that the network car is an independent market.Then,the market dominance is determined.The traditional market share calculation cannot be fully applied to the Internet industry.We should use the user volume to calculate the market share and increase the presumption ratio.The role of market share in the Internet industry is weakened,and market entry barriers caused by target companies should be emphasized when determining market dominance.Through the market share data and market barriers of the third-party agencies on the network car industry,the dominant position of Drip Travel in the online car market was determined.Finally,based on the constituent elements of the abuse of market dominance,the monopoly of the online car industry is analyzed and conclusions are drawn.In terms of the centralized identification of operators,this paper analyzes the dilemma of the current centralizedreporting system for operators in China and the competition effect of data on the operators of the network car industry.The third part is the proposal to regulate the monopolistic behavior of the online car market.We should reasonably define the scope of the relevant market,reasonably identify the abuse of market dominance,improve the centralized reporting system for operators,and establish a data collection system to maintain the competitive order of the online car market,protect the interests of drivers and passengers,and promote the network car industry.development of.
Keywords/Search Tags:predatory pricing, tied sale, price discrimination, concentration of operators, data collection
PDF Full Text Request
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