An Empirical Study On The Legal Regulation Of Differential Treatment Of Search Engine Service Providers

In the 21 st century,Internet technologies such as big data and cloud computing have greatly promoted the development of search engine industry,which has opened the door of network and brought convenience to us.In recent years,the search engine service providers represented by Google and Baidu have been investigated by anti-monopoly litigation.As platform operators and platform operators,the differential treatment of search engine service providers will damage the interests of consumers,platform operators and other platform operators,and hinder the healthy development of the search engine industry.Therefore,it is of great theoretical and practical significance to explore how to regulate such behavior.Based on four typical cases at home and abroad,this paper summarizes and refines the focus of regulating the differential treatment behavior of search engine service providers.Taking the relevant market definition,identification of market dominance,identification of abuse behavior and determination of legal responsibility as the main line,this paper analyzes the deficiencies of legal regulation of differential treatment by search engine service providers using market dominance and puts forward countermeasures.Chapter one,through the specific analysis of typical cases with Google and Baidu as the main body,and with little knowledge,points out four key issues of the legal regulation of differential treatment of search engine service providers: 1.The traditional market definition method is limited in the field of search engine;secondly,the dominant position of search engine service provider is difficult to identify;thirdly,the violation of differential treatment of search engine service providers The legal nature is difficult to identify;fourthly,there are some deficiencies in the supervision of the different treatment of search engine service providers in China.Chapter two,we should define the relevant market of search engine differential treatment.First,we should determine the benchmark product first,and then combine with supply substitution analysis,adjust the hypothetical monopolist test method by taking search efficiency as a consideration factor,and determine the location of search engine service providers according to the party whose interests are damaged excluding the party whose interests are not related in the bilateral market To define the boundary of product market,we should have a dominant position in the market and implement differential treatment.Secondly,in terms of defining the relevant regional market,we should pay attention to the factors such as language,user habits,relevant laws and regulations,and the degree of competition constraints in different regions.Thirdly,in terms of the definition of relevant time market,it is suggested to consider according to the principle of reasonable expectation and the characteristics of product cycle.Chapter three,regarding the determination of market dominance,we can consider the search volume as the standard to calculate the market share of search engine service providers in the information retrieval service market,and enumerate the non structural factors to be considered.Meanwhile,when the search engine service providers abuse the dominant position of the market,the necessary facilities principle should be applied carefully.Chapter four,for the illegal identification of the differential treatment of search engine service providers,the key is to analyze whether this behavior has the effect of excluding and limiting competition.We can consider the theory of increasing the cost of competitors.Secondly,search engine service providers can conduct justifiable defense,and finally consider the principle of search neutrality as the value guidance of search engine service providers.Chapter five,in the part of legal liability,firstly,it proposes to construct the principle of fine,introduce the system of unit and individual combined punishment,improve the calculation method of fine amount,and strengthen the administrative responsibility of search engine service providers' differential treatment;secondly,it should strengthen the differential treatment of search engine service providers from three aspects: constructing the anti-monopoly class action system,introducing the evidence disclosure system,and adding the punitive compensation system.At last,the paper puts forward the necessity and design path of constructing the criminal liability of differential treatment of search engine service providers.