Research On The Legal Regulation Of The Abuse Of Dominant Market Position By Internet Platform Enterprises

Computer technology develops by leaps and bounds,and Internet platform enterprises come into being in line with the trend of The Times.Its appearance makes people's thinking pattern and behavior habit has produced the tremendous change from this.With the support of technological innovation and policy,the Internet economy is advancing with unprecedented momentum.At the same time,Internet platform enterprises abuse their dominant market position frequently,which brings serious impact to the smooth operation of China's network market economy.On June26,2019,the state administration for market regulation issued the interim provisions on the prohibition of acts that abuse a dominant market position,which will come into force on September 1,2019.It makes special regulations on the abuse of dominant market position in the Internet field,but some of the provisions are too general,the practical operation is not strong.In China,the anti-monopoly law is mainly used as the basis for determining the dominant position in the market,there are defects of too lag and principlization.Moreover,Internet platform enterprises are different from traditional industries.Their unique network externality,bilateral marketability and technological innovation mean that anti-monopoly law enforcement work only in accordance with the anti-monopoly law will reduce law enforcement efficiency and legal credibility.In view of this,this paper adopts comparative analysis,literature analysis,empirical analysis and other research methods,taking the basic theoretical analysis of Internet platform enterprises' abuse of dominant market position as the starting point,this paper analyzes the current situation and problems of legal regulation on the abuse of dominant market position by Internet platform enterprises in China.Combined with the research on the abuse of dominant market position by Internet platform enterprises in other countries or regions such as the United States and the European Union,this paper puts forward a perfect way to regulate the abuse of dominant market position by Internet platform enterprises in China from the aspects of legislative system,law enforcement mode and judicial litigation reform.The specific content is divided into the following four chapters:The first chapter is the basic theoretical analysis of the abuse of dominant market position by Internet platform enterprises.This chapter mainly expounds the concept definition,enterprise characteristics,typification analysis and competition mechanism of Internet platform,and defines the concept of Internet platform enterprises' abuse of dominant market position and the main manifestations of their abuse of dominant market position,it provides a logical and theoretical basis for the study of laws and regulations on the abuse of market position by Internet platform enterprises.The second chapter is the current situation and problems of the legal regulation on the abuse of dominant market position by Internet platform enterprises.From the perspective of the anti-monopoly law,the e-commerce law and the interim provisions on the prohibition of acts of abusing the dominant market position,this paper analyzes in detail the current situation of the implementation of legal regulations on the abuse of dominant market position by Internet platform enterprises in China,and analyzes the existing problems in the current legal situation from three aspects: legislation,law enforcement and judicature.The third chapter is a comparative analysis of the abuse of dominant market position by Internet platform enterprises outside the region.This chapter takes the United States and the European Union as examples to analyze the legislative experience of countries outside in abusing the dominant market position of Internet platform enterprises,and strives to seek reference for the establishment of the legal system in the field of Internet in China.The fourth chapter is the Internet platform enterprise abuse dominant market position regulation perfect Suggestions.This chapter aims at the current situation and existing problems of law implementation in China in chapter 2,and combines with the overseas experience in chapter 3,and puts forward corresponding Suggestions for improvement from the four aspects of legislation,law enforcement,judicature and strategic protection of intellectual property rights.