The Research On Law Problem Of Aiffrmation Of Market Dominant Position In Network Economy

As a new type of economic form, the network economy is more and more playing itsexuberant vitality and establishing its vanguard strength in various economic industries. IfChina wants to possess larger room of development, she has to draw support from the strengthof network economy. How to promote the development of network economy healthy is a newtopic that economic legal system including anti-monopoly law has to face. Although theanti-monopoly problem in network economy is more and more valued by all countries, whichleads to rapid development on theory and practice of anti-monopoly in network economy, thetheoretical framework and institutional system of anti-monopoly in network economy havenot established completely. Affirmation of monopoly in network economy needs to be studydeeply and to be perfected in system.Among them, affirmation of market dominant position is precondition on anti-monopolyin network economy. Because network economy is different from traditional economy, so wecan not copy existing legal standards which are based on traditional economy. Therefore, it isnecessary to build new system according to the characteristics of network economy. Thethesis aims to research on affirmation of market dominant position in network economy, sothat to provide advice on how to make batter use of the strength of network economy.At first, the thesis elaborates the standards on affirmation of market dominant position,which including relevant market, market shares, market control ability, market barriers. And itexplains each of them, making preparations for the difference between network economy andtraditional economy below.The thesis focuses on defining connotation and characteristics of network anddistinguishing network economy and natural monopoly industry which is based on tangiblenetwork. On that basis, the thesis further elaborates network externality, which would lead topositive feedback, tipping, locked in, switching cost in network, and explains why it is wrongto apply mechanically traditional affirming method to network economy. Then it analysesnew challenge on affirmation in relevant market, market shares, market control ability, andmarket barriers in detail.Finally, the thesis puts forward specific suggestions by combining traditional affirmingmethod and particularity of network economy. And puts forward that it is necessary to fixdefining of relevant market, raises an ideas on computing market shares, suggests that import quantity of sale. It also suggests that the income from pirated goods and free goods must betaken into account in computing market shares. On affirmation of market barriers, it specifiesthe importance of standard and compatibility in affirmation of market dominant position innetwork economy. It advises that two of them should be studied together in affirmation.