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Research On The Identification Of Dominant Market Position Under The New Format Of Digital Economy

Posted on:2023-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y F XieFull Text:PDF
GTID:2556306800962759Subject:Law
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With the advent of digital economy era,social life and social production system have undergone all-round changes.Various new forms of digital economy emerge at the historic moment and continue to innovate and develop in the digital market.At present,digital economy has also become an important engine of China’s modern economic system,playing an important role in the sustained and healthy development of China’s economy.However,in the increasingly intelligent and industrialized digital economy,monopolistic behaviors of abusing dominant market position on Internet platforms emerge one after another,and the identification of dominant market position is difficult to be identified by traditional identification standards,which creates regulatory difficulties for China’s anti-monopoly law enforcement agencies.The logical structure to test whether an operator abuses its dominant position in the relevant market is to define the scope of the relevant market,including commodity scope and geographical scope.Then determine whether the market power of the operator has an absolute advantage in the relevant market.Finally,it is necessary to check whether the platform has monopolistic behavior,and the determination of market dominance is the premise of judging abuse behavior.However,it is obvious that the legal standards of market dominance established in accordance with the traditional economy cannot be applied to all kinds of data operators in the era of digital economy,and the traditional identification factors cannot well reflect the market competition characteristics of the new business form of digital economy and the formation mechanism of market dominance.It is necessary to reconstruct and adjust the identification factors of market power according to the competitive characteristics of digital economy.The new business form of digital economy is a new business operation form formed by data elements as the traction,digital technology as the support,information network as the carrier,through the penetration and integration of digital technology to the traditional industry,industrial elements are reconstructed.The new form of business has the new characteristics of getting rid of the traditional static competition to dynamic competition and the development of digital economy in the multi-integration environment.As an important component of the new business form of digital economy,the Internet platform economy has penetrated into the social life of the people,providing convenience and opportunity while acquiring data of huge user volume.It is necessary to clarify the theoretical basis of bilateral market,network effect,lock-in effect and industrial organization to determine the dominant market position under the new format of digital economy.The premise of determining the dominant market position under the new format of digital economy is to define the relevant market.To overcome the shortcomings of traditional method of relevant market definition based on the analysis,under the new forms of digital economy,perfect and improve the relevant market definition method is put forward demand supply alternative analysis,insist on the principle of case analysis,into the new business mode under the new digital economy factor and the introduction of the European Union profit model analysis method and other new methods.In the traditional economic model,the market share of Internet platform is difficult to adapt to the dynamic development of digital economy,market barriers are difficult to be considered in the new business environment of digital economy,and financial status is difficult to be effectively evaluated in the new business environment of digital economy.Technical conditions need to be redefined in the new format of digital economy,and there are some problems in the determination procedure of market dominance by anti-monopoly law enforcement agencies.In terms of procedure,although the Anti-Monopoly Guide of the Anti-Monopoly Commission of The State Council in the Field of Platform Economy has introduced the procedure for identifying abuse of market dominance,there is no dynamic and systematic procedural solution for identifying market dominance.In view of the problems existing in the identification of market dominance in the new format of digital economy in theory and procedure application,this paper tries to put forward two specific suggestions: one is to reconstruct the identification factors of market dominance in the new format of digital economy.The newly added data realization ability,traffic duration and algorithm strengthening degree are three factors in line with the competitive characteristics of digital economy.2 it is combed the determined sequence between traditional and new factors,combined with the current economic development stage is proposed in view of the digital economy dominant market position under the new formats more tangible cognizance process,including traditional dominant market position determined factors to apply first and digital economy dominant market position under the determined factors of new forms of comprehensive considerations.It systematically innovates the research on the identification of market dominance under the new format of digital economy.In the digital economy in the development of new forms of innovation,should re-examine the cognizance of dominant market position factor,the analysis of digital economy under the new formats and dynamic competition,new features in the diversity that the influence of dominant market position,comprehensive consider data cashability,flow duration,algorithm due to factors such as in the role of dominant market position that,Reconstruct the identification factors of market dominance in order to ensure the healthy development of market economy under the new format of digital economy.Under the background of the digital economy,the current dominant market position of elements of refactorings,between the traditional and new factors of that process,the anti-monopoly enforcement authority for our country’s regulatory advice,in order to adapt to the current era of digital economy under the background of the change of market structure,the escort for the development of socialist market economy.
Keywords/Search Tags:digital economy, relevant markets, market dominance, antitrust
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