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Research On The Legislation Of Internet Industry Related Market Definition

Posted on:2021-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:J J HuangFull Text:PDF
GTID:2416330626454443Subject:legal
Abstract/Summary:PDF Full Text Request
The booming development of the Internet industry has brought a huge impact on social production and life.Meanwhile,in recent years,the monopolistic behavior of the Internet industry has appeared continuously,which has attracted the attention of the anti-monopoly theorists and practitioners.Relevant market definition is the precondition of antitrust case competition analysis,however,the existing legislative provisions of the relevant market definition are too general and abstract,and have not adapted to the characteristics and competitive mode of the emerging Internet industry.This makes the law enforcement agencies or courts in cope with the challenge of the Internet industry relevant market definition links appear when the lack of a clear legal guidelines.Timely adjustment and improvement of the relevant market definition legislation is of great significance to solve the antitrust problems in the Internet field,maintain the fair and orderly market competition order,and strengthen the effective implementation of the anti-monopoly law.The first chapter of this paper introduces the theory of Internet industry market definition.By exploring the concepts and dimensions of relevant markets,as well as the theoretical framework and practical significance of relevant market definitions,we can deeply grasp the connotation of relevant market definitions,thus providing a theoretical basis for the study of relevant market definitions of the Internet industry.The second chapter of this paper explores the dilemma of the definition of Internet industry market in the application of anti-monopoly law from the two basic dimensions of the relevant commodity market and the relevant regional market.Because of the Internet industry presents the characteristics different from traditional industry competition,the Internet itself also has the characteristics of virtual property and the regional,result in the Internet industry related products market product,the market selection,determination method on the problem,the Internet industry relevant geographic market scope determination,determination method on the problem.The third chapter of this paper studies the legislative reasons for the dilemma ofdefining the Internet industry market.From the perspective of legislation,the reasons for the dilemma of market definition in the Internet industry can be summarized into two aspects: first,the legislation on relevant market definition is too general and abstract,and the provisions of relevant laws,departmental regulations and normative documents are too principled and lack of operability.Second,the existing legislation on the relevant market definition is somewhat outdated,and it fails to pay attention to the characteristics of the Internet industry.Therefore,it is impossible to give clear guidance to the dilemma of the Internet industry-related commodity market and the relevant regional market definition in the application of anti-monopoly law.In the fourth chapter,the author summarizes the legislative experience of Internet industry in foreign countries.By studying the advanced and representative legislative experience of foreign countries,this paper provides reference for solving the problem of defining the relevant market of the Internet industry and perfecting the legislation of defining the relevant market of China.In order to adapt to the new characteristics of the Internet industry,statutory countries,such as Germany,will directly specify how to adapt to the characteristics of the Internet in the department law,supplemented by the competition department issued documents to guide specific issues;Case law countries such as the United States usually rely on the wisdom of judges to respond to the problems of the Internet industry by developing rules from case law.Many countries will also issue relevant documents to guide the practice of relevant market definition of the Internet industry.The legal design of other countries can provide reference for the improvement of China's relevant market definition legislation.On the basis of the previous research,the fifth chapter of this paper expounds the suggestions to improve the relevant market definition legislation in China.It suggests that the legislation of relevant market definition should be improved from four aspects:the consideration factors,the time market dimension,the regional market definition and the definition method.It is suggested to update and adjust the traditional relevant market definition rules in time to meet the needs of the development of innovative industries.Hope to be able to break the Internet industry antitrust related market definition of the dilemma to provide useful reference and help.
Keywords/Search Tags:Relevant Market, Internet Industry, Antitrust Law, Two-sided Market
PDF Full Text Request
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