Study On The Legal Problems Of Chinese Internet Enterprises Abuse Of Dominant Market Position

With the progress of society and the development of science and technology, and business era arrival, in recent years, the disputes in the field of domestic and foreign Internet continuously, foreign Google, and opera browser complaints Microsoft in Windows7systems automatically bundled Internet browser case; apple for after-sales service for Chinese consumers to implement unreasonable discrimination is a criminal case investigation; Huawei Technologies Co. v. United States, IDC abuse of a dominant market position in a case; Baidu case and the first antitrust case company Qihoo v. Tencent company case and so on cases occur frequently. China’s "anti-monopoly law," the promulgation and implementation of the relatively late, originally is not enough mature, coupled with market network complexity and particularity. And this undoubtedly to the law in the regulation of this kind of problem brought another problem. Abuse of dominant market position is the existence of dominant market position, in the market dominant position identification process also involves the relevant market defined liability, such as market share, but due to the characteristics of Internet market free and network effects, define the relevant market to price changes as the core of the ssnip test is difficult to apply, in the definition of market share nor clear standards. And the abuse of cognizance process although the provisions of the specific behavior, but with a "not justified" to exclude the conditions, but what is "justification" provisions of the vague and this was undoubtedly to the anti monopoly law in the regulation of this kind of problem bring great difficulties. But the Internet industry is essential to the market economy part, improve the legal regulation on the Internet industry, not only conforms to the needs of the development of the market, is also in line with China’s national conditions, promote the development of the socialist market economic order. This article is from the aspects of China’s Internet companies of two-sided markets and combined with the concept of economics to analyze Internet products and competition in the Internet market, and China is the environment of legal regulation of problems and defects. Then according to the deficiencies of existing and proposed the corresponding improvement measures, and in protecting the legitimate rights and interests of consumers and the protection of the network economy healthy development, innovation protection, safeguard the socialist market economy healthy and orderly development.