A Study On The Legal Problems Of Abusing Market Dominance

It started long time ago when the liberalisation of the economy movement, gradually adopted by most countries, brought private investment to the telecommunication sector. Then, those concerns proper of a free market, such monopoly, abuse of dominant market position, predatory practice, etc., emerged. Finally, the Internet came, and the dominant market position of Internet service companies became a searing topic in many countries. In China, the topic of abusing the dominant market position of Internet service companies has become the focus to public after the case 360 v. Tencent. The market structure in Internet area is different with the traditional industries, it has the characteristics of two-sided markets characteristics, variability and high demand of innovation. These features make the identifying of relevant market, market dominant position and the behaviours of abusing market dominant position more complicated, which compared with the traditional industries. Analysing this topic help government solve the hard application problems of anti-monopoly law in Internet industry.In this paper, by using the comparative analysis, summarised analysis and historical analysis, and also combining the uniq features of Internet market, the boundary of the relevant market, the dominant market position and the behaviours of abusing dominant market position were defined. Firstly, by combining the features of Internet market, the features of monopoly in Internet area were analysed.; secondly, by combining the theory of two-sided markets, the boundary of relevant market and the dominant market position were analysed; thirdly, by focusing on the Internet area, the problem of tying and bundling, refusal to supply and restrictive trading conduct were analysed; fourthly, this section analysed the problems of anti-monopoly law in china, especially the aspects of legislation and anti-monopoly organisation in china; finally, by combining the experiences of foreign countries, this section gave the advices of regulating the abusing dominant market position problems in China.