The Predicament And Outlet Of Identification Of Internet Enterprises' Market Dominant Position

Under the strong impetus of network and information technology,productivity has been developing rapidly,and the Internet industry has become a new sunrise industry.With the development of Internet industry,a series of monopoly phenomena appear,such as the market concentration of Internet enterprises,the abuse of market dominance and so on."Qihoo 360 v.Tencent QQ case","Baidu competitive ranking case","Scholar v.Shanda case",these occupy a considerable market share of Internet companies have not been identified as having a dominant position in the market.Therefore,in the context of the rapid development of the Internet industry,the problem of market dominance in the practice of anti-monopoly law needs to be solved urgently.In the case of traditional industries,the determination of market dominance follows the following three steps: defining the relevant market-calculating market share-taking a comprehensive look at the relevant factors.For the related market,Internet companies use the network platform to break the geographical restrictions of traditional enterprises,making the market boundaries become large and fuzzy,and it is difficult to accurately delimit the relevant market scope.In the traditional mode,the market share is used to measure the advantage of an enterprise in the relevant market,but the Internet economy is characterized by economies of scale,and it is easy to identify an Internet enterprise as a monopoly by market share alone.In addition,the determinants of market dominance are stipulated in Article 18 of the Anti-Monopoly Law,but as a rapidly innovative intellectual property-intensive industry,the key performance,time horizon and intellectual property of the Internet industry also need us to consider these new factors.In practice,the characteristics of the bilateral market of Internet enterprises and the impact of the free model have caused great difficulties in defining the relevant market.Often costly and difficult to ensure the delineation of a precise range of relevant markets,the definition of the relevant market blurring treatment may be a better solution.It is a common phenomenon that Internet enterprises have a high market share.Although the anti-monopoly practice has always regarded market share as an important indicator to identify market power,it is still necessary to actively seek ways to improve the Internet enterprises and appropriately increase the market share of the identification standard.With the rapid upgrading of Internet enterprises,it is inevitable that the data of Internet enterprises will lag behind in a relatively short period of time.It is necessary to assess whether the respondents have the ability to maintain market power in a relatively long period of time.Finally,other factors such as key performance,temporal context,intellectual property rights and barriers to entry should be taken into account to determine market dominance.This paper discusses the following four aspects:The first chapter introduces the basic framework and analysis path of the traditional mode of market dominance identification of Chinese enterprises,and then puts forward the impact and challenges of the traditional mode of market dominance identification of enterprises in the Internet industry.The second chapter analyzes the reasons why it is difficult to identify the dominant position of the Internet enterprises to follow the traditional model,which lies in the new characteristics of the Internet economy,including the development of bilateral platform operation mode,the impact of free mode,and the impact of the locking effect.The third chapter analyzes and combs the existing theoretical and practical results of the United States and the European Union to identify their strengths and weaknesses,and analyzes the admissibility of these theoretical and practical results for the anti-monopoly practice of China 's Internet enterprises in the domestic context.The fourth chapter firstly puts forward the basic idea of the innovation of the mode of Internet enterprises' market dominance,that is,to construct a dynamic,behaviorist,innovation-led analysis mode.Then,it puts forward a more scientific and reasonable identification mode for Internet enterprises to identify their dominant position in the market,and analyzes the rationality of the mode.Finally,the paper analyzes that the key performance,time background,intellectual property rights,barriers to entry and other factors should be considered creatively in the determination of the dominant position of Internet enterprises in the market.