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Research On Tianjin Sujie Networks Vs.China Internet Center Antitrust Case

Posted on:2021-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:C Q JiaFull Text:PDF
GTID:2506306122976509Subject:Law
Abstract/Summary:PDF Full Text Request
The development of Chinese economy is inseparable from the Internet industry.Internet companies rely on their technological advan tages to provide consumers with many conveniences,to innovative transaction methods,and to reduce transaction costs.However,in order to obtain high profits,many Internet companies have abused their technological and market advantages,which have damaged competition order and consumers’ welfare,resulted in a series of Internet antitrust disputes.The anti-monopoly case of Tianjin Sujie Networks vs.China Internet Center is a typical representative of the new type of anti-monopoly disputes.In this case,the core issues include the composition of the horizontal monopoly agreement,the definition of the relevant market of the Internet center and the abuse of market dominance.This article summarizes the domestic and foreign legislation as well as the curre nt status of the law behind each focus issue in order to provide a reference on how to improve Internet antitrust legislation.Combined with existing theories,this article analyzes the relevant market definition and determination from the perspective of I nternet cases,and then conduct empirical research on these focus issues through similar cases to summarize the basic path and deficiencies of the court’s handling of cases.Finally,propose preliminary solutions and future ideas for difficult issues in ca se dispute resolution.Specifically,three controversial issues in this case can be understood as follows: the composition of the horizontal monopoly agreement needs to meet the requirements of the subject eligibility;according to consumer requirements,the definition of the relevant market needs to choose a reasonable definition method to analyze relevant product and regional market according to consumer requirements;and there are two methods to determine the abuse of market dominance: the first one is to ensure whether the enterprise has a dominant position in the relevant market,and then combine the evidence to confirm whether the corporate behavior is an abuse which excludes restrictive competition;the second one is to skip the step of accurate definition of relevant markets,using direct evidence to ensure that companies have high trade barriers,and implementing anti-competitive behaviors that have caused substantial damage to fair market competition and consumer rights,such as asking for excessive prices.The anti-monopoly regulation of Internet companies is a hot issue in anti-monopoly disputes.Combining industry characteristics to improve relevant legislation,and proposing a new dispute resolution mechanism suitable for Internet-related cases are important parts of current anti-monopoly legislation and practice,which cannot be ignored.
Keywords/Search Tags:Internet, horizontal monopoly, related markets, dominant position
PDF Full Text Request
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