Empirical Research On Judicial Regulation Of The Internet Monopoly

In recent years, with the continuous development of the internet economy, the internet monopoly has gradually become the focus of the judicial regulation of anti-monopoly. The identification of the internet monopoly possesses complexity on account of network externality, consumer lock-in effect, bilateral market and others characteristics of the internet, it poses great challenge to judicial regulation activities. Currently, study on judicial regulation of the internet monopoly is commonly found in normative analysis, the content of it mainly focuses on the definition of relevant market, the identification of dominant market position and the judgement of abuse of dominant market position, there are very few examples of empirical research on this issue especially for the judicial adjudicative documents. Based on the background, this article makes a study about judicial regulation of the internet monopoly with the method of empirical research. 15 judicial adjudicative documents have been collected as the research sample, the study conducts a comprehensive research on relevant problems of the judicial regulation of the internet monopoly through quantitative analysis of the sample such as frequency analysis, contrastive analysis, etc.There are four parts except introduction and conclusion in the thesis:Part?:Description of the empirical research sample and design. Firstly, the article explains the acquiring and selecting methods of the empirical research sample; Secondly, makes a brief overview on the basic content of the empirical research; Finally, states the design and the application of variate of the empirical quantitative analysis.Part?:Empirical survey of the present situation of the internet monopoly judicial regulation. The feedback information of the judicial adjudicative documents have been divided into three types: basic trial situation, behavior and identification of suspected illegal monopoly action as well as other information notes of judicial regulation. The article summarizes three types of the information, then present the relevant data result of the present situation of the internet monopoly judicial regulation.Part?:Problems and its causes of the internet monopoly judicial regulation. The empirical study indicates that the main problems of the internet monopoly judicial regulation in China behaves as: the monopoly phenomenon in traditional internet sectors has not been regulated effectively, the monopoly action of the emerging internet companies is difficult to be identified and foreign internet monopoly can not be published by the law of China. Causes accounting for problems above can be concluded as four aspects: the internet anti-monopoly law system is not sound, courts lack of trial experience, the legal status of plaintiff and defendant is not equal, the internet technical issues are difficult to deal with.Part?:Perfection of the internet monopoly judicial regulation predicament. the guiding principles of the internet monopoly judicial regulation can be generalizes as principles of fairness, reasonable, economic efficiency priority, prudence and public interests. The countermeasures on this issue can refer to the following: make up for legal loophole through the perfection of the internet anti-monopoly law system, raise the level of the professional judicial trial by strengthening the construction of judicial organization, correct the unbalanced pleading pattern through the establishment of a fair and square burden of proof system, then overcome the technical trial obstacles by using the comprehensive behavior standard. In addition, there are several matters to consider when regulating the internet monopoly through judicial form: pay attention to grasp the regulation strength well to avoid excessive judicial activism, balance the relationship of judicial regulation and policy protection in order to promote the development of the internet industry and scientifically apply a exemption system in the purpose of stimulating industry innovation.