The Study Of Antitrust Law Regulation On Relative Advantage Position Abuse Of Application Store's Operators

Since 2008,when Apple's App Store was officially launched,the application store industry has developed a blowout.The application store provides development tools and product distribution channels for developers while providing mobile software download services for consumers.With the increasing added value of the application store,the upstream and downstream businesses of the application store industry will develop the application store by themselves.Due to the different development key point of enterprises,application store competition behavior not only directly affects the competition order of application store itself,but also expand to the application store related markets.As a necessity for improving the Internet practice,the behavior of application stores' operator,such as the abuse the right of review the applications' grounding and release,will not only directly harm the rights and interests of application developers,but also will seriously damage the consumers' right of choice and information security.The abuse of relative advantage status of application stores,represented by the App Store and WeChat disputes recently,affects the rights of application developers and consumers.To promote the orderly competition of application store industry,the Ministry of Industry and Information Technology has issued The Guidance on Strengthening the Telecommunications and Internet Industry Network Security Work,The Ministry of Industry and Information Technology on Strengthening the Telecommunications and Internet Industry Network Security Work Guidance and other departmental regulations.However,these regulations belong to the departmental normative documents,and the effectiveness level is low,the practice is not enough.The provision of prohibiting the abuse of market dominance position of Antitrust Law is the only legal provision to regulate the application store operator's illegal behavior.While it is extremely difficult to identify application store's operator has a "dominant market position" according to the existing law,the Antitrust Law is also very difficult to regulate the application store's relative advantage status abuse behavior.At present,the department rules have cited the abuse of relative advantage theory to regulate corporates' relative advantage status abuse behavior.The theory circles call for the introduction of relative advantage theory,too.However,due to the characteristics of the Internet platform enterprises and the complexity of the abuse behavior,the dispute of whether the relative advantage position theory should be applied,whether the theory should regulate the behavior of application store's operator,and whether the theory should be introduced into the Antitrust Law has never stopped.Because of these,the Antitrust Law regulation on the application store's operator abuse of relative advantage position is studied.In addition to the introduction and conclusion,the article is mainly composed of the following four parts:The first part: the concept and classification of the abuse of the relative advantage position of application store's operator.First,define the concept,characteristics and classification of application store,application store's operator and relative advantage position.And on this basis,clarify the concept and particularity of relative advantage position abuse of application store's operator.Secondly,it introduces the classification of the abuse of the relative advantage status of the application store operators.The second part: the necessity of the Antitrust Law regulation on the relative advantage position abuse of application store' operator.On the basis of introducing the controversy caused by the abuse of relative advantage position theory and the current legal regulation dilemma,this part then analyzes the basis of Antitrust Law to regulate the abuse of relative advantage position of application store's operator.The third part: the current situation and deficiency of the Antitrust Law regulation on the relative advantage position abuse of application store's operator.On the basis of the introduction of the existing legal provisions,this part analyses the existing Antitrust Law problems on the regulation of the relative advantage position abuse of application store's operator.The fourth part: the Antitrust Law measures to regulate the abuse of the relative advantage status of the application store's operator.On the basis of drawing lessons from foreign relevant laws and theories,this part put forward from the establishing of the Antitrust Law rules,defining elements of relative advantage position abuse behavior,improving the responsibility system,to perfect the Antitrust Law rules of regulating the relative advantage position abuse behavior.