The Theory Of The Plight Of Antitrust And The Network Economy

After entering the21st century, with the gradual developing of thefourth technological revolution driven by the computer and satellitecommunications technology, the network industry which is represented byIT industry has become a new economic growth point, and a picture of theInternet age is increasingly clear to the whole world. Affected by networkrules, various factors affecting competition in the market have becomeextremely active; otherwise anti-competitive behavior becomes moreinvisible, which makes the identification of monopolistic behavior be moredifficult in a short time. As the reason mentioned above, the existingantitrust law system dose face up to a huge challenge.Therefore, the primary task of our government now is setting up acomplete set of antitrust law and a fair and orderly competitiveenvironment for the development of the network economy. The study onthe appearance of new market factors in the Internet Age and the impactson the market competition caused by the factors thereof, as well as theresearch on the change and development of China’s anti-monopoly law inthe network economy will be helpful for the anti-monopoly lawenforcement departments to grasp the competition policy, which also canpromote the anti-monopoly law to be carried out smoothly.This article is a bold attempt on the way to change and develop ofantitrust law under the background of the Internet age. This paper isdivided into three chapters.Chapter I: The challenges to network services caused by theanti-monopoly law. This chapter starts from the background of Internet age to explain themeaning of the network in this article refers to the Internet. At the sametime, this chapter analyses the new features of the network economy and adeep network law which is aroused by these new features thereof.Following that this chapter describes those new laws one by one andanalyses the impacts on traditional economic environment and the shocksto the antitrust law system caused by those laws above. Furthermore, thissection also explains the powerless of a country’s anti-monopoly in theInternet Age, as well as encourages the anti-monopoly internationalcooperation and the development of a global anti-trust Code from the angleof global characteristics of the networkChapter2: revolution and development of the anti-monopoly law innetwork era.The starting point of antitrust is the definition of relevant market.Therefore, this section firstly describes the standards of the definition ofrelevant market in network economic environment, and proposed therelevant concept of time market. This section also stresses that thedefinition of relevant markets theory will evolve with the development ofthe network economy because of the characteristics of network itself, suchas complex, variable, and rapidly developing. On the basis of the definitionof relevant market, this section further analyzes the changes anddevelopments of antitrust identification in the network era. Furthermore,the extensive application of rationality principle in network economybecomes the key issue of this part, and the center on some multiplesub-principles of it. In addition, in the consideration of economicglobalization, this section discusses the possibility of bilateral ormultilateral antitrust cooperation from specific level and proposed several specific forms of cooperation.Chapter3: institutional improvement of China’s anti-trust system inthe terms of dealing with the anti-competitive behavior of network.The main purpose of this paper is to offer some constructivesuggestion to perfect China’s antitrust law system through research onforms of formation and manifestations of monopoly, as well as the impactson market competition caused by monopoly under the background of thenetwork economy. Firstly, the part explains the basis for systemimprovement that is the establishment and coordination of the networksystem standard. Secondly, this part putts forward several proposals onChina’s anti-monopoly law betterment from the five aspects. To be morespecific, Recommendation1: Adhere to the combination betweenidentification method of behaviorism and Sanctions of the "open platform";Recommendation2: Control the scope of application and intervention ofthe “principle of reasonableness”, and prevent law-executor from beingcaptured; Recommendation3: make full use of the guarantee function ofanti-monopoly law to Safeguard national economic interests;Recommendation4: strengthen the international antitrust cooperation.