Identification Of Internet Companies' Abuse Of Market Dominance

With the rapid development of the Internet industry,antitrust cases occur in the network field frequently.The academic and judicial practice circles are paying more and more attention to the issue of the "Anti-monopoly Law of the People's Republic of China"(hereinafter ref'erred to as "Anti-monopoly Law")applicable to the Internet industry.Although the Anti-monopoly Law implemented in 2008 changed the situation that China's anti-monopoly legal system is still not perfect,after more than a decade of rapid developlent,the frequent monopoly of Internet companies brought to China's Anti-monopoly Law.A new challenge.The case of Qihoo v.Tencent's abuse of market dominance in 2010(hereinafter referred to as Qihoo v.Tencent)is the biggest cyber war in the history of China's Internet industry.This domestic "Internet Anti-monopoly first case" lasted for more than four years,sparking new thinking about the anti-monopoly of Internet companies in the industry,users and the legal profession.Different from traditional enterprises,Internet companies have different characteristics such as bilateral marketability,network externality,locking effect and innovation.The behavior of Internet companies to abuse market dominance is more complicated.The definition of relevant markets is the key point.How to strengthen the deterrence of the Anti-monopoly Law,curb the abuse of market dominance by Internet companies,protect trade fairness and market justice in the Internet industry,and safeguard the rights of the majority of Internet users has become an urgent problem to be solved by the anti-monopoly law.Therefore,this paper is divided into five parts to analyze the identification of Internet companies' abuse of market dominance:In the first part through the analysis and research on Qihoo v.Tencent's abuse of market dominance,the main problems that need to be studied when identifying Internet companies to-abuse market dominance are put forward.The second part,through the discussion and study of the legal framework for the abuse of market dominance,it comprehensively considers the theory of behaviorism,the theory of rational principles,the theory of expanding the scope of applicable subject matter,the theory of extraterritorial jurisdiction and the theory of international cooperation for the identification of abuse of market dominance by Internet companies,which provide theoretical support for the next study.In the third part,through the analysis and research on the particularity of Internet companies' abuse of market dominance.the paper analyzes the particularity of Internet companies themselves,the particularity of relevant market definitions.and the particularity of market dominance determination,in order to further analyze Internet companies.The basis for identifying the abuse of market dominance is provided.The fourth part provides suggestions for the improvement of the abuse of market dominance of Internet companies,improves the methods for defining relevant markets,and calculates the market share.At the same time fully considers the related factor,so as to construct the method and train of thought to identify the Internet enterprises abusing the dominant position in the market.The fifth part is an empirical analysis of specific tie-in behavior,refusal of transaction behavior and differential treatment behavior in the process of Internet market abuse of market dominance,so as to obtain a more specific path that is conducive to the abuse of market dominance by Internet companies which is with a view to providing some inspiration for judicial practice.