Study On Legal Regulation Of Abuse Of Dominant Market Position In Internet Idustries

With the rapid development of Internet, commercial real strife from the network go to the virtual world, then, the reality of business and virtual business blend of mutual mistake, constitutes an unprecedented business model.In this context, firms can become only the number of computers connected with no fixed address, without any means of invisible intelligence collection.Network industries are defined as Internet-based infrastructure layer, application infrastructure layer, the electronic media and Internet business layer level four levels of corporate and business activities related to collection, or the national economy for more than four levels based on the material production sectorcollection.Network industries are different from the previous financial industry any distinctive features:a significant network externalities; informational products and services; market worldwide; the particularity of monopolies and competition.As the network industries, more features, the traditional anti-trust rules in network industries are facing new problems, such as defining the relevant market for the Regulation of market concentration, antitrust and intellectual property protection for the conflict between the coordination of multinational companiesregulation, etc. We need new ideas.Network industry market dominance is the main reason for the formation of network externalities.Identified a dominant market position of traditional industries mainly based on market standards of conduct, market structure and market outcomes standard criteria.Market dominance is deemed to network industries need to consider the following criteria:network externalities caused by market entry barriers, the key facilities and technical standards of intellectual property ownership such as exclusive.Identified network specific market power industry is to define the relevant market to determine market share and analysis of market entry barriers, and emphasized the particularity of the main transaction, the broad trading range and the innovative and fast and so frequent, it is the network industry marketdominant salient features identified. Network industries are two types of abuse of market dominant positions.First, the behavior of competitive harm; second act against the interests of consumers.To confirm the abuse of dominant market position in the network industry behavior we need from the rule of reason, per se rule and the legal principles of its own industry to find the appropriate network, but this tends to a reasonable application of the principle.In 2008, China promulgated the "antitrust," but the development of network technology in China still lags far behind the developed countries, China's Internet industry, the legislative acts of abuse of market dominance lack of preparation, the law is not enough refiningmore general legislation, the responsibility system is not clear and the implementation of a lack of specific operational.Therefore, China's Internet industry to conduct acts of abuse of market dominant position in the process of legal regulation, should emphasize the protection of innovation and consumer welfare, and the importance of the legal liability system, rules of evidence, antitrust and intellectual property case law and the coordination andThe combination of statutory law such as the further improvement.