Research On Anti-monopoly Law Issues In The United States Network Industry

While the network brings much convenience to human life, at the same time, plenty of problems come by. Monopoly in network is a new issue as the popularization of the PC in the21centuries. Internet industry has normal, instability,"New Effects" and other new characteristics that traditional unfair competition law or antitrust law is difficult to fully apply. With the growing and development of the Internet industry, network industry monopoly problems loom large. China’s anti-monopoly law system is not mature or perfect and has insufficient experience to handle this problem. While the United States is one of the highly developed market economy countries, it is the birthplace of the first anti-monopoly law and also the birthplace of the network economy. In recent years, several influential antitrust cases take place in the United States in the field of network and the beneficial treatment experience is worthy to learn for our country. The main content of this article is consist of the experience of the USA to deal with antitrust issues related to network industry and inspiration to our country. First briefly introduced the general theoretical problems of the network industry antitrust, and then discuss the definition of the relevant market, how America solves the identification of dominant market position problem and the violation of antitrust law liability which are three classic problems of the monopoly network industry experience and methods. The last chapter combining with the situation of our country expounds the significance of American processing network industry related experience in violation of antitrust law problem to our country. The article comprehensively expounds the difference between network industry and traditional industries in industry area and gives deep thought on the reason that methods methods in antitrust case are frequently criticized. The article also puts forward the standpoint that though the way we treat the enterprise which violate the antitrust law is up to our national policy which is to protect free competition and encourage technology innovation. But if we blindly tolerate the industry monopoly, we will suffer a great loss. Thus we should comprehensively study the United States’ advanced theory and practice experience. We should consider bilateral market when defining the network industry market; pay more attention to the consumers and the product performance. Define network industry market accurately.Use behavioral standard of judgment to tell if a network company has abused the dominant market position behavior and the network industry in violation of the antitrust laws should adopt the mode of open platform of sanctions. Make real hindrance monopoly behavior get legal regulation, and protect the benefit of legal monopoly.