Research On The Legal Issues Of Abuse Of Market Dominance By Internet Platform Companies

With the widespread popularity of the Internet industry in recent years,some platform-based Internet companies with monopoly characteristics have risen rapidly,Compared with traditional industries,the Internet has unique nature of network externality,conduction effect,dynamic fierce competition,multilateralism,user lock-in effect,and a combination of free and charge business models,which leads that it is difficult for the abuse of market dominance of anti-monopoly theory to apply.The identification of the relevant market,market dominance,and abuse of market dominance are different from historical situation,showing a trend of complexity.Meanwhile,antitrust cases of Internet field in recenet years have also gradually increased,for example,3Q and the memes lawsuits of China,anti-monopoly investigation of EU on Google and investigation of Germany on Facebook's unauthorized use of user's information,etc.The struggle between these plaintiffs and defendants reflects the problems faced by Internet platform enterprises in the implementation of the anti-monopoly law and highlights challenges faced by anti-monopoly in this field.This thesis adopts Introduction-Body Paragraphs-Conclusion writing structure and the methods of comparative research and empirical analysis,focusing on the characteristics of the Internet platform enterprise,combining the basic theory of anti-monopoly law and related typical cases at home and abroad.This thesis explores the factors considered in this field which focuses on analysis of applicable difficulties between platform companies and antitrust law from the perspective of the identification of relevant markets,market dominance,and abuse of market dominance,and tries to find a reasonable solution through analysis and research to extract the new methods and ideas for the identification of monopoly violations by platform companies in abusing market dominance,so that it could provide a basis for courts to hear antitrust cases and reduce competition and consumer damage caused by market dominance abuses.The first chapter of this article mainly introduces the challenge brought by Internet platform enterprises to anti-monopoly law.This Chapter is divided into two parts.The first part is the meaning and characteristics of Internet platform enterprises,and the second part is the particularity of the application of antitrust laws in this field.The setting of this chapter is mainly to lay a realistic foundation for the discussion in the subsequent chapters.The second chapter elaborates the relevant market recognition of internet platform enterprise.First of all,this paper starts with the development of relevant market theory and combines the legal situation of relevant market definition in China,then it improves the existing SSNIP and the alternative method respectively.The improved methods discussed here cover the current mainstream academic discussions.Combining these discussions and cases,this article proposes relevant judicial suggestions.The third chapter is about market dominance of enterprise Internet platform.Firstly,it introduces the definition of Market dominance,standards,and the burden of proof in traditional theory,pointing out some problems.Secondly,combining with Chinese and foreign judicial practice case,it explores the analytical thinking of the Internet.Meanwhile,drawing lessons from western key facilities principle,it provides relative judicial suggestions.The fourth chapter is about abuse of market dominance of Internet platform enterprise.On the basis of introducing the legal provisions and classification of market dominance abuse,this paper expounds the judgment principles and manifestations of market dominance abuse of Internet platforms,focusing on analysis of specific situations of forced binding sales,refusal and restriction of transactions,and differential treatment and puts forward relative judicial suggestions through induction.