| On December 5,2017,the fourth world conference on Internet in wuzhen,the theme of this conference is the development of digital economy,promote open sharing-fate community hand in hand to build the network space,the Internet industry,especially the status of the Internet economy to a new height.Before this,Internet another widespread public attention in the field of event on June 27,2017,the EU,with Google in violation of Article 102 of the European Union Treaty(TFEU)running on the grounds that the Google a fine of 2.42 billion.Article 102 of TFEU regulates the abuse of market dominance by dominant enterprises in the common market or in most markets,and enumerates the four main ACTS involved.According to the European Union "for the EU Treaty Article 102 committee to investigate and punish abuse of dominant enterprises exclusive law enforcement point of behavior,analyze the enterprise is in violation of Article 102,need walks two strategy,need to first determine the enterprises in the relevant market,whether to have dominant market position;And then judge whether enterprises TFEU is studied by using the dominant under Article 102 of the behavior of the abuse of dominant market position,because of the dominant position must be defined in the relevant market,so the abuse of dominant position of the enterprise behavior analysis of the formation of the relevant market definition--dominance-monopoly behavior analysis model.However,both in the relevant EU laws and previous precedents in avoiding the accurate definition of the concept of coupled with Internet industry economic modelthere are several difference with the traditional industry,therefore TFEU Article 102 works in the industry faced a greater challenge and controversy.To Article 102 of the clear TFEU applicable in the field of Internet problem,this article tries to through the TFEU Article 102 of the basic meanings and theoretical origin of the show,reveal the provision on the economy legislation purpose-to maintain effective competition of the common market,and through the analysis of the meaning of effective competition may be the effective competition into the more practical way,the more attention to the regulation of practical effect,rather than the result of the abstract meaning in theory,in order to lay the basis of this paper.In addition to the analysis of the provision itself,another focus of this paper is one of the characteristics of the Internet economy,this is the Internet industry for TFEU difficult origin,Article 102 of these features include the network effect,platform for bilateral economic,consumer lock-in effect,etc,these economic characteristics make has the dominance of the Internet once a certain ways abuse of dominant position on the one hand,with a strong concealment and diffusivity,on the other hand,the behavior way and can’t with Article 102 of the TFEU govern the behavior of the fully fit,in the analysis of the text to find these features and normative behavior between common articles in the behind,become a relatively important path.In the analysis of the main body part,to the European Union in the form of the judgment of Google,in the relevant market definition,in the case of the bright spot is also define the two related market-general search services market and price comparison shopping market,in the relevant market judgement method mainly adopts the method of product substitution,and the EU in the field of the Internet that has made the summary of the scale of the relevant market.In the analysis of market forces,the reasons for the non-dominant defense of Internet enterprises are analyzed.In the identification of corporate abuse,Google’s behavior is compared with the standard of TFEU 102,as well as that the value tendency and principle of the relevant standards are analyzed.On the basis of this study,the relevant experience of the EU in TFEU 102 is summarized,and some suggestions for China anti-monopoly law enforcement in the Internet field are put forward. |
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