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Research On The Antitrust Law Regulation Of Search Engine Abusing Market Dominance

Posted on:2021-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:T T ShaoFull Text:PDF
GTID:2416330623470108Subject:Law
Abstract/Summary:PDF Full Text Request
Internet information is scattered and massive,and it is growing explosively every day.In the face of the increase in information entropy,network users are also increasingly dependent on search engine organization,classification,and information filtering functions,which makes search engines occupy the pivotal position of information dissemination in modern society.Because it controls the public's access to information,an important resource,search engines have significant publicity.From the perspective of anti-monopoly law,whether largescale search engine operators have implemented monopoly behaviors has always been the focus of scholars and practitioners in various countries.The main controversial issue is whether these operators have abused market control status.Since 2010,the European Union has launched a seven-year antitrust investigation against Google due to its alleged abuse of market dominance in the search engine field.The case has become a model for the application of antitrust laws in the search engine field by countries around the world.In addition to the EU antitrust case in the EU,the Renren v.Baidu case in China is also a typical case for the study of the application of antitrust laws in the field of search engines,and it is worth our in-depth study.Search engine service providers' manipulation of search results,forced transactions,exclusive transactions,and tying based on their commercial interests will distort the information dissemination environment of the entire society,hinder the restriction of competition,and infringe the interests of consumers.This also shows that the law is the need to protect the public interest and standardize search engine services.Therefore,the problem of search engine abuse of market dominance needs to be resolved urgently.How to define the relevant market,how to determine the dominant market position,and how to regulate abuses are the problems to be solved in the practice of antitrust law in the field of search engines.When defining the relevant market,the characteristics of the bilateral market of Internet companies must be considered,and the SSNIP test method needs to be improved;when determining the dominant position of the search engine,the influence of non-structural factors must be considered,and the search engine should be considered as a key facility.Focusing on the indicators of user size,the plaintiff 's burden of proof should also be appropriately reduced in litigation;the specific principles of search neutrality and key facilities should be followed when regulating specific abuses,and the search engine information disclosure should be expanded to strengthen its supervision.
Keywords/Search Tags:Search Engine, Market Dominance, Antitrust Law
PDF Full Text Request
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