The Research On Presumption Of Dominant Market Position In The Internet Industry

Determined whether the operator has a dominant market position, is the precondition to determine the abuse of market dominance; If we want to determine the dominant market position, we must define the relevant market. China’s " anti-monopoly " has the definition of the relevant market, but there is no specific reference standards; On the identification of a dominant market position enumerated provisions of the factors that can refer to. However, since the360Sue QQ to abuse of market dominance cases occurred, legal practitioners and theorists have a intense discussion in the network environment to define the relevant market and market dominance.When defining the relevant market in the Internet industry, as the Internet industry with strong network effects, technological innovation and product virtual sex and other characteristics, to consider differences in network products and free sex, external factors such as network-related products market.The main scope of analysis methods and use of alternative hypothetical monopolist test analysis to determine the relevant geographic market in general for the global market. When network operators can be reasonably measured market share, the presumption can be reasonably determined standard network operators in the context of the relevant market, the market share of the network,"Antitrust Law" provisions of dominant market position, can be applicable to the Internet Industry estimates the network operators in the relevant market, whether the network has a dominant market position. If we can not be reasonably determined the network operator’s market share in the relevant network market at the time competitive conditions must be considered, such as the relevant market, barriers to entry, such as the operator’s financial and technical factors to identify network operators comprehensive market dominance status.