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Identification Of Internet Companies' Abuse Of Market Dominance

Posted on:2020-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y DiFull Text:PDF
GTID:2436330575998684Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The day-to-day development of Internet companies has also expanded in size,and at the same time it has brought huge chain economic benefits and boosted the strong growth of the social economy.However,the competition of Internet companies has intensified.Many merchants are willing to use their market dominance to compete for the number of Internet users through unfair competition,win illegitimate interests,destroy market competition order,and violate consumer rights.Therefore,it is urgent to improve the construction of relevant legal systems in China,to make relevant laws and regulations more reasonable and effective,and to guide the development of Internet companies in China in the direction of correct health.Before that,we must first abuse the dominant position of Internet companies.Judging has a full understanding.This paper first summarizes the difficulties of the Internet companies in abusing the dominant position by two typical cases at home and abroad,summarizing the two factors of"bilateral market" attributes and free transaction behavior.In the Baidu bidding case,exclusive trading behavior is easily constrained by the cross-network externality in the bilateral market.In this case,the court solved the problem through market definition,which negated Baidu's market dominance,which led to no need to enter the steps of abuse analysis.However,the economic effects of exclusive transactions of Internet companies in the bilateral market are different from those of the unilateral market so it is not certain that Baidu's behavior does not constitute abuse.The difficulty in analyzing Google's behavior in the Google Shopping Price Comparison is that traditional abuse analysis is based on behavioral rules constructed by fee-based transactions,but Google's behavior in Google is free,which leads to tying and predatory pricing.Rules are difficult to apply in the free field,which is the difficulty of abuse analysis.After briefly reviewing the economic theory of corporate abusion determination,it is pointed out that Internet companies should judge the illegality of behavior based on reasonable principles,supplemented by the principle of illegality.Combining the Baidu bidding case case and the Google shopping bidding case,the typical behaviors of price abuse and non-price abuse are analyzed.Due to market attributes and free transactions,some behaviors of Internet companies are traditionally illegal,but may be in the bilateral market.It seems very reasonable and it is a reasonable behavior taken by enterprises to cope with competition.At the same time,free is also a difficult point to determine abuse.Therefore,in the current network environment,Internet companies seem to be abusive behaviors but have their legitimacy.The anti-monopoly law cannot be blindly involved and should be cautious.Finally,based on the characteristics of the bilateral market of Internet companies,we should change from the traditional static,structural.price-based anti-monopoly analysis mode to the dynamic characteristics of Internet companies.Anti-monopoly analysis model based on behavioralism and market entry analysis.I hope that the analysis of the above content can provide ideas for the abuse of Internet companies.It is hoped that the identification of this issue in judicial practice can be more perfect,creating a network environment that protects consumers without compromising normal and reasonable competition.
Keywords/Search Tags:Market dominance, free behavior, cross-subsidization, predatory pricing, tying
PDF Full Text Request
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