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Research On Legal Regulation Of Internet Enterprises Abusing Market Dominant Position

Posted on:2022-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y QiFull Text:PDF
GTID:2506306545988809Subject:Science of Law
Abstract/Summary:PDF Full Text Request
China's Internet industry is developing rapidly and has become one of the most important pillar industries.Network technology is affecting our lifestyle in all aspects.However,some Internet enterprises abuse its dominant position in relevant fields in order to expand the market rapidly and gain more profit.This abusive behavior has broken the original market order,formed the unfair competition and damaged the legitimate interests of consumers eventually.At present,anti-monopoly law is the main basis of regulating the abuse of market dominance by enterprises in China.However,the Internet industry has its unique internal characteristics,such as network externality,market lock-in and high-tech barriers,which are different from traditional industries.The relevant legislation has already appeared a certain lag in the face of different emerging new abuse of market dominance.This paper summarizes the research results of the relevant legal basic theories on the abuse of market dominance by academic circles through literature analysis and case analysis.At the same time,we draw on the experience and practice cases of Europe,America and Japan,and put forward some suggestions for improving the relevant laws and regulations in order to provide useful reference for the relevant legislation and judicial practice in China.The content of this paper is as following:The first part introduces the basic concept of abusing market dominance by Internet enterprises,and the necessity of regulating this behavior as well.The second part introduces the current situation and problems of the legal regulation on the abuse of market dominance by Internet enterprises in China.This paper analyzes the relevant articles in the anti-monopoly law,e-commerce law and regulations on the prohibition of abuse of market dominance.The third part compares the foreign measures against abuse of market dominance by Internet enterprises.Through the analysis of the experience of the United States,the European Union,Japan and other foreign countries or regions,this paper seeks suggestions for improving the anti-monopoly regulation in China.In the fourth part,this paper aims at the current situation of the legal regulation of abuse of dominant market position in China,it explores from four perspectives: the lag of legislation,the need to strengthen the comprehensive ability of law enforcement,the unreasonable distribution of proofing burden and the lack of regulation on data collection.In the fifth part,based on the problems raised in the previous part,this paper try to put forward the corresponding suggestions for improvement,combined with the current situation of China's legal regulation and foreign experience.
Keywords/Search Tags:Internet enterprise, relevant market, market dominant position, abuse market dominant position
PDF Full Text Request
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