Research On The Application Of The “Essential Facility Doctrine” In The Field Of Internet Antitrust

With the advent of the Internet age,the market competition in the Internet industry is becoming more and more fierce,and monopoly phenomenon also appears frequently in the Internet field.However,when the traditional anti-monopoly regulation theory is applied to the emerging Internet field,there will be many new situations and problems which are quite different from the traditional field.How to make these traditional anti-monopoly law theories better solve the monopoly problem in the network era has become a hot issue in the current competition law research.The purpose of this paper is to explore how to apply the traditional anti-monopoly law theory,which has rich research results and many cases in practice,to the complicated competition environment of the Internet in China.The principle of necessary facilities has been controversial since its birth,but in long-term practice,many developed countries have accumulated rich theoretical and judicial experience.In particular,as an important concept of anti-monopoly law,the principle of necessary facilities is constructed to eliminate the barriers to entry of specific markets and maintain full competition in the market.Although it seems to limit the "freedom of contract" of the owners of necessary facilities,it is in fact consistent with the value of the principle of freedom of contract.The regulation of monopolists that damage the order of free competition in the market is also to maintain a fair trading market and ultimately improve the well-being of consumers.When the Internet field introduces the principle of necessary facilities,there are many debates around its necessity,scope of application,judgment standard,relief way and so on.In the specific operation,it also faces many difficulties.However,because the Internet field does have the necessary facilities like the network operating system,although it is not as intuitive as the necessary facilities in the traditional field,but for the market competition Words are indispensable.It is reasonable to standardize the order of market competition with the help of the principle of necessary facilities under the condition that the market competition in the domestic Internet industry is out of order.In addition,the market competition in the Internet field has its unique characteristics,such as "bilateral market",scale effect,user lock-in effect,unstable market competition and "strong intellectual property rights".These characteristics not only make it difficult to apply the principle of necessary facilities to the Internet field,but also correctly define whether the Internet products and services constitute the necessary facilities as long as the relevant markets are accurately defined Shi,it is feasible to introduce the principle of necessary facilities in the field of Internet to investigate the change of the dominant position of enterprises in the market competition from a dynamic perspective,balance the relationship between the protection of intellectual property rights and the promotion of market competition.When introducing the principle of necessary facilities into the Internet field of our country,we should adopt the concept of cautious application.We need to accurately introduce the principle of necessary facilities at the right time according to the current market development and competition situation of the Internet industry in our country.To introduce the principle of necessary facilities into the Internet field of our country,we should make clear criteria: first,the facilities are necessary for operators of relevant markets to participate in the competition;second,it is not feasible to build or duplicate the facilities again;third,the owners of the facilities refuse to apply the facilities to competitors;fourth,they cannot provide reasonable resistance to the acts of refusing to apply the facilities to competitors Debate.And on the system level,we need to build a set of perfect legal mechanism to apply the principle of necessary facilities accurately from all levels of legislation,law enforcement and justice.