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Research On The Definition Of Internet Related Market By Anti-monopoly Law

Posted on:2021-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:X X ZhuFull Text:PDF
GTID:2416330647954142Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The development of the Internet has led to earth shaking changes all over the world.Now the Internet is the symbol of the 21 st century.The Internet plays an important role in economic development.It pushes the economic structure of society to a higher level.More importantly,it makes our way of life more convenient and promotes social progress.All countries in the world place the development of the Internet as a priority,but everything is a double-edged sword.While Internet promotes development,it also brings a series of problems,the most important one is monopoly.In the world,especially in China,there have been many monopoly cases in the Internet industry in recent ten years.In order to maintain their peak position,some Internet enterprises have been innovating technology,but technological innovation needs a certain cost,more opportunities,so the most effective and direct way is to implement monopoly to eliminate technological competition.In order to promote technological progress and maintain the healthy development of social market economy,anti-monopoly regulations must be implemented in the Internet industry.Therefore,the anti-monopoly problem in the Internet industry has become a key research object of economists and jurists in various countries.The definition of the relevant market is the logical starting point of the anti-monopoly regulation of the industry,which plays a key role in the determination of monopoly behavior.The definition of relevant market is mainly from three dimensions to determine whether the enterprises involved in the case are in a dominant position in the market and whether they restrict market competition,namely,relevant product market,relevant regional market and relevant time market.Internet is a new type of industry,and there are various disputes in the theoretical circle about its definition of relevant market.In the judicial practice of our country,courts mainly use the traditional definition method to define the relevant market of the enterprises involved in the case.However,the traditional definition method is based on the unilateral market,which is not fully applicable to the Internet enterprises with the characteristics of bilateral market.Internet The new characteristics of Internet make the definition of related market more complicated.Therefore,in the face of the new challenges brought by the characteristics of the Internet and the shortcomings of the traditional definition methods,we need to spend more energy to overcome this problem,combined with the actual situation of our country,from the perspective of search engine market,to improve and perfect in many aspects.The first chapter gives a brief overview of the Internet industry related market definition of the basic issues.The first section describes the specific classification of the Internet industry;the second section introduces the characteristics of the Internet industry itself,as well as the problems for the definition of the relevant market.The third section analyzes the differences between Internet and traditional industries.The second chapter analyzes the difficulties in the definition of Internet related market.In the first section,the author analyzes the current situation of domestic legislation and the existing problems.In the second section,the author describes the basic theory and existing problems of traditional definition methods.The third section analyzes the difficulties in defining the relevant regional market,and the third section specifically describes the definition of the relevant time market in the Internet industry.The third chapter analyzes the judicial practice of the definition of search engine market and the comparative study at home and abroad.The first section mainly analyzes the typical cases in China,and then through the case of search engine,we get the problems in the definition of Internet related market in China.The second section mainly analyzes the relevant cases of the United States,and the third section specifically analyzes the relevant cases of the European Union,and finds out the existing problems and experiences that can be used for reference.The fourth chapter puts forward suggestions to improve the definition of Internet related market.Including the transformation of relevant market definition ideas,the adjustment of definition methods,and the improvement of relevant laws and regulations.
Keywords/Search Tags:Internet, Related market, Definition, Search Engines
PDF Full Text Request
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