Research On The Abuse Of Dominant Market Position By Internet Enterprises Under The Background Of Big Data

With the development of science and technology,the status of traditional industry in social life and economic structure is declining,and the emerging industry represented by Internet industry is developing rapidly and occupying a leading position.At the same time,the impact on the anti-monopoly system based on the traditional industrial economy makes many difficulties on the anti-monopoly law enforcement encounter.The identification of Internet enterprises' market dominant position involves three core issues: the definition of relevant market,the identification of market dominant position and the identification and review of abuse of market position.In this paper,the theoretical sorting and problem analysis are carried out step by step according to the steps of anti-monopoly analysis.The first chapter of this paper discusses the particularity of the Internet industry,including network effect,two sides market characteristics,lock-in effect and diminishing marginal cost of products.It is these characteristics that increase the difficulty of anti-monopoly regulation of the Internet.A full analysis of these characteristics is helpful to understand the root reason of the current anti-monopoly law enforcement dilemma.In the definition of related markets,the traditional definition methods include alternative analysis methods and hypothetical monopolist test.However,in the face of related product markets in the Internet industry,there are problems of application failure,resulting in the definition scope of related markets is too broad and unclear.In the face of this dilemma,this paper quotes and analyzes the solution of German Federal Cartel Bureau,and give some suggestions: we should consider the income mode of Internet platform enterprises,the positive and negative intensity of network effect and the transaction type of enterprise platform.In the second chapter of this paper,starting from the recognition criteria of market dominance,the author points out the special factors that need to be considered when determining the dominant position of Internet enterprises,such as the degree of dependence of users on the platform,the ability of the platform to maintain market share and the influence of data on the determination of dominant position,and then analyzes the difficulties encountered in the determination of dominant position of Internet enterprises,including market share calculation It is difficult to calculate,the emergence of new market entry barriers,combined with foreign cases again,put forward regulatory recommendations for the determination of dominant position of Internet enterprises,that is,recognition time needs to include new considerations,but also to enhance the consideration of market entry barriers.The third chapter of this paper is the evaluation and review of the typical abuse behavior of Internet enterprises.After combing the elements of traditional abuse behavior,three kinds of abuse behavior of Internet,namely non price discrimination,price discrimination and traffic hijacking,are conceptually clarified and the illegality is judged and identified.In addition,for the controversial issues,such as predatory pricing and bundling,I have expressed my views.The fourth chapter of this paper focuses on the regulation of Internet abuse of dominant position in China.First of all,through the retrieval of cases,the practice is implemented in the form.Through the analysis of the form,we focus on the existing problems in China.The problems in China are mainly focused on the relevant market definition and market dominant position identification.The reason for such a problem is that the provisions of the anti-monopoly law of China are insufficient in both aspects,which are lagging behind and imperfect.In the process of litigation,the burden of proof of the plaintiff is too large,which is one of the important reasons for the "ten lawsuits and nine defeats" of monopoly litigation of domestic Internet enterprises.In view of the problems in the research,this paper finally gives some suggestions.When defining the relevant markets,we should adopt different methods according to different types of Internet enterprise platforms.Secondly,we should bring the typical abuse behavior of Internet enterprises into China's anti-monopoly law to regulate and further improve the operability of the law.We should improve the reasons for determining the dominant position of Internet enterprises In the process of judicial proceedings,the burden of proof of the plaintiff should be reduced.