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Research On Anti-Monopoly Regulation Of Abusing Dominant Market Position Of Internet Platform

Posted on:2022-12-06Degree:MasterType:Thesis
Country:ChinaCandidate:X F RenFull Text:PDF
GTID:2506306743480504Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China currently has the world's largest Internet market,and the main body of Internet platforms,with their unique data advantages,has made the platform economy a new driving force for China's economic development.With the gradual concentration and strengthening of network platform power and resources,China's Internet platform market has begun to show a market structure characterized by a high degree of monopolistic competition.As the bilateral market structure of the online platform economy is very different from traditional Chinese industries,the competitive relationship between online platforms in related fields of various industries is becoming more and more complicated.Monopoly work has fallen into a state of extreme absence.My country is currently in the best era of anti-monopoly work against the abuse of market dominance by online platforms.Although the current "Anti-Monopoly Law(Amendment Draft)","E-Commerce Law","Anti-Monopoly Guidelines on Platform Economy" and other laws have formulated some legislative regulations for the monopoly behavior in the operation of online platforms,but in the current laws and regulations There are still many difficulties in the clear definition of the Internet platform's abuse of market dominance,the division of relevant market entities,the establishment of market dominance,and the definition of the scope of abuse,and the Internet platform economy,a new product of the times,also brings anti-monopoly supervision.New challenges have come.Therefore,under the current major policy background of strengthening anti-monopoly work and preventing the disorderly expansion of capital,it is necessary to conduct in-depth research on the manifestations,characteristics and theoretical basis of monopoly activities of Chinese Internet platforms in the business field,and further.Clarify the current harm of China's Internet platform monopoly behavior and the problems faced in the implementation process,analyze the system dilemma in a targeted manner,and provide relevant opinions on specific issues to further improve the relevant legislative system.It provides a useful reference for further promoting the healthy and orderly development of China's Internet platforms,and finds a correct way for the effective anti-monopoly regulation of my country's Internet platforms' abuse of market dominance.Specifically,this paper is divided into four parts except the introduction and conclusion:In the first part,the basic theoretical knowledge of Internet platform anti-monopoly is briefly introduced.When conducting regulatory research on the abuse of market dominance in the operation of Internet platforms,the necessity of strict legislative regulation should be analyzed first.According to this research idea,we must first determine the basic connotation and characteristics of the market economy of the Internet platform,and clarify the generation mechanism of abuse of market dominance by Internet platforms.Then,it further analyzes the harmfulness of the monopoly behavior of Internet platforms abusing their dominant market position.Further reveals the seriousness of the monopoly behavior of Internet platform operators undermining the order of fair competition in the market,and in-depth analysis of the need for strict regulation of Internet platform economic monopoly legislation.Finally,it expounds the theoretical basis of the legal regulation of online platform market monopoly.The second part analyzes the anti-monopoly legislation and the existing problems of the Internet platform abusing the dominant position in the economic market.First of all,starting from the current state of national legislation and regulation of the abuse of market dominance by Internet platform operators,it is clarified that in the operation of online platforms,the definition of the relevant market faces two institutional difficulties.,and the second is the imperfection of the corresponding national legislative standards on which market division is based.Secondly,the criteria for determining market dominance are not clear,and the judgment criteria cannot fully adapt to the problems in the economic field of online platforms.At the same time,the monopolistic behavior of Internet platforms not only reflects the problem of insufficient protection of anti-monopoly law enforcement mechanisms,but also reflects the lack of self-regulation of platform enterprises.Finally,from the perspective that the platform economy abuses its dominant market position,the legal responsibility is relatively light,and analyzes the issue of strengthening legal responsibility.The third part,in the face of the increasingly prominent monopoly problem of my country's online platforms in the business field,researches and summarizes the strict legal regulations and prudent and strict regulatory policies successively formed in Europe and the United States in anti-monopoly,and the reference to their successful experience should be based on China Choose the most appropriate anti-monopoly policy based on your actual situation.From the administrative and judicial levels,we should promptly respond to the huge changes brought about by the development of China's digital economy,and carry out three aspects: improving the mechanism construction,improving the government's anti-monopoly management level,and improving the relevant judicial system.The fourth part analyzes the problems existing in the abuse of market dominance of the Internet platform economy and puts forward suggestions for improvement.Mainly based on my country's national conditions,the three dimensions of legislation,judiciary and law enforcement are taken as entry points.In terms of legislation,improve the relevant supporting legislation,set up special provisions,strengthen legal responsibilities,and combine the economic characteristics of Internet platforms to supplement and improve relevant market definition methods and market dominance determination standards.In the judiciary,open up judicial relief channels and establish a case guidance system to provide judicial organs with adjudication ideas.In law enforcement,promote the team building and personnel training of law enforcement agencies,strengthen the coordination between industry supervision and law enforcement agencies,and improve the supervision form of platform enterprises.It is of great significance for the healthy development of platform economy and the improvement of people's happiness level to strengthen the supervision of platform monopoly in the commercial field.
Keywords/Search Tags:Platform monopoly, Legal regulation, Relevant markets, Abuse of dominant market position
PDF Full Text Request
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