Research On Anti-monoply Regulation On Concentration Of Undertakings In The Internet Sector

In recent years,the domestic Internet industry has developed rapidly and competition has become increasingly fierce.Therefore,many Internet companies have enhanced their competitiveness through consolidation or mergers and acquisitions,consolidating their market position,and it has become a normal situation for companies to be integrated.Especially after2012,there was an upsurge in the concentration of operators in the Internet industry,resulting in a series of well-known mergers and acquisitions such as Didi and Uber,58.Com and Ganji,Meituan and Dianping.com.However,in the face of another merger and acquisition case,anti-monopoly law enforcement agencies have remained silent,and Internet industry operators have concentrated on the status quo of being generally exempt from supervision.The reason behind this lies in the particularity of the Internet industry compared with traditional industries,which poses challenges to the antitrust enforcement concept and centralized review of operators in this field.Based on this,this paper proposes that in this area we should uphold the concept of moderation and law enforcement,and make improvements and adjustments to the operator’s centralized declaration system,related market definition,and competition assessment and analysis factors.In addition to the introduction and conclusion,this article is divided into four parts:The first part:An overview of the concentration of operators in the Internet industry.In this part,the Internet industry of the research field of this paper is roughly defined,and compared with traditional industries,this industry has the characteristics of network effects,bilateral markets,and dynamic competition.Secondly,it summarizes the current situation of the concentration of operators in the Internet industry in China,and summarizes the particularities of the concentration of operators in the Internet industry in terms of concentrated subjects,concentrated objects,and concentrated turnover.Finally,the analysis of the status quo raises an overall problem of concentration of operators in the Internet industry:universal exemption from antitrust regulation,which is also the starting point of this article.The second part : The dilemma and reconstruction of the concept of concentrated anti-monopoly law enforcement in the Internet industry.This part solves the problem of what attitude should be held towards the concentrated anti-monopoly law enforcement of Internet industry operators.The government’s industrial support bias and ambiguous attitude towards VIE lead to the current situation that anti-monopoly law enforcement agencies give up law enforcement on Internet industry operators.However,the relatively strict attitude of law enforcement that returns to traditional industry is not in line with the development law of Internet industry,so it is necessary to change the law enforcement attitude and innovate the law enforcement concept.Therefore,this paper introduces the concept of modesty and restraint in the field of criminal law,proposes the concept of anti-monopoly modesty and restraint in law enforcement,and makes clear that anti-monopoly modesty and restraint in law enforcement has the characteristics of necessity,gentleness and lateness.From the support of economic theory,the coordination of competition policy and industrial policy,the error cost and so on,this paper demonstrates the rationality of the law enforcement in Internet industry.In the end,behavioral regulatory thought should be selected in this area and reasonable principle should be applied for analysis.The third part: The problems of the entity system of the Internet industry.After solving the concept problem,this part sorts out the prominent problems existing in the Internet industry.Firstly,the single "turnover" reporting standard and the law enforcement agencies’ negligence in the examination make the Internet industry operators generally exempt from reporting;Secondly,the ubiquitous bilateral market,free pricing strategy,network effect,non-regional characteristics of Internet enterprises and virtuality of products bring new challenges to the definition of relevant market.Finally,the special market structure of the Internet industry makes the competitive influence of the concentration of operators in this field more complicated.The fourth part:The improvement of the entity system of Internet industry operators’ centralized review.This part is based on the experience of foreign countries and the actual situation of the country to improve the entity system.First,improve the centralized declaration system.Construct diversified reporting standards for turnover standards,market share standards,and transaction volume standards,and strengthen the proactive review of antitrust law enforcement agencies;second,innovate relevant market definition methods.When defining the relevant product market,the SSNIP test method can be improved,the alternative analysis method is used to consider the special factors of the industry,and the profit model test method and the sales method test method are introduced.When defining the relevant geographic market,the target user group of the product is used as the basis for classification and factors such as user habits and Internet regulatory policies are considered;third,adjust the factors for evaluating and analyzing the effects of competition.Taking consumer welfare as the core to evaluate the concentration effect,increase the consideration of technological innovation and market entry barriers,weaken the importance of market share,and comprehensively analyze the possible competitive effects of the concentration of Internet industry operators.