Study On The Legal Regulation Of The Abuse Of Market Dominant Position In Internet Industry

Since the Internet appeared in 1969,it penetrates into the entire social life at an alarming rate in a few decades,changing people's way of life and the way of thinking.With the emergence of the Internet industry,it also brought new growth point for economic development,and quickly became a force cannot be ignored of the national economy.As a new industry,the Internet industry competition is active,and new kind of Internet products emerge in endlessly,and competition between businesses is fierce,however,we also aware that disputes in Internet industry in recent years are also more and more,some Internet magnates abused its advantage position,damaging the normal market competition and the legal rights and interests of users frequently,and the Internet industry has entered the phase of oligopoly.The new characteristics of the Internet industry have formed new challenges for the implementation of the anti-monopoly law.The Internet industry put forward new requirements for the principle of illegal behavior identification,the method to determine the dominant market position,the constitutive requirements for the abuse of dominant market position and the distribution of burden of proof.Therefore,to explore an effective regulation of the abuse of market dominant position in internet industry is imminent.This article attempts study on the legal regulation of the abuse of dominant market position in internet industry operators from the following five parts :The first chapter is the overview of the abuse of dominant market position in internet industry.The concrete content includes the concept and characters of the Internet industry,the concept,origin and form of abuse of dominant market position.This chapter laid a theoretical basis for the full article.The second chapter is the status quo of the legal regulation of the abuse of dominant market position in internet industry.The legal regulation on this issue is mainly base on the Anti-monopoly law and other general legal regulatory documents,but these rules do not apply to this special industry.The third chapter is the insufficient of the status quo of the legal regulation,including the principle of illegal behavior identification,the method to determine the dominant market position,the constitutive requirements for the abuse of dominant market position and the distribution of burden of proof.So we must find new method in response to the challenge in practice.The fourth chapter is the experiences and revelations of the legal regulation of the abuse of dominant market position in internet industry in foreign countries.In terms of the antitrust for the Internet industry,the United States and the European Union has a more rich experience for the earlier beginning of the internet.Therefore,this article focuses on the legislation experience of United States and European Union to help the related legislation in China.The fifth chapter is the suggestion to improve our legal regulation of the abuse of dominant market position legal regulation.Under the preceding logic premise,this chapter answers the questions including the principle of illegal behavior identification,the method to determine the dominant market position,the constitutive requirements for the abuse of dominant market position,the distribution of burden of proof and other key problems,and put forward some corresponding suggestion.