Research On The Judicial Application Of Determination Of The Abuse Of Market Dominant Position By Internet Platform

With the advent of the era of big data,Internet platforms with a large number of users and a large market share have the advantage of data concentration.Some Internet platform operators have already carried out a series of behaviors that abuse their dominant market position to escape and restrict competition.Therefore,effective anti-monopoly regulation should be carried out on them.In addition,the two-sided market characteristics and lock-in effect of platforms make the traditional identification methods of abusing dominant market position cannot be effectively applied to platforms,so it is necessary to carry out special regulations on platforms.Released in 2021,the market supervision and management of the administration on the platform in the field of economic antitrust guidelines,based on our country’s legislative,judicial status and platform features such as bilateral market,locking effect,mainly from the following three aspects to study the platform advantage of abuse of dominant market position through data problems and put forward the solution.The antimonopoly commission in 2021,issued the antimonopoly commission on the platform in the field of economic antitrust guidelines,based on our country’s legislation,the judicial status quo and platform features such as bilateral market,the user lock effect,research platform take advantage of the data set,abuse of dominant market position determined judicial application problems and put forward the corresponding solutions.This paper mainly elaborates from the following three chapters:The first chapter is an overview of the platform abuse of market dominance,including the concept of platform market dominance,the main causes,identification,as well as the platform abuse of market dominance behavior classification and form of expression.The second chapter introduces in detail the difficulties in identifying the abuse of dominant market position by platforms,including two aspects.One is to define the problems existing in the theory and practice of platform-related commodity market.It includes four parts: the necessity of defining the platform-related commodity market is controversial,the method of defining the platform-related commodity market is inadequate,the legal system of defining the platform-related commodity market is imperfect,and the judicial practice of defining the platform-related commodity market is lack of objectivity and accuracy.The second is the problems in identifying the abuse of dominant market position by platforms,including the expression of the defense rules and the judicial practice in identifying the abuse of platforms.The third chapter mainly elaborates the suggestions on the application of identifying the abuse of market dominance by platforms,puts forward the importance of defining the relevant market in the case of the abuse of market dominance by platforms,and constructs the defining system of the platform-related commodity market.At the same time,it also proposed to improve the relevant provisions for identifying the abuse of dominant market position by platforms,including standardizing the general description of the defense rules of each behavior,clarifying the boundary of ambiguous words,and clarifying the legal value of the preferential application of specific abuse behaviors in judicial practice.It emphasizes the importance of analyzing the behaviors of abusing the dominant market position and requires that the specific elements of each behavior be listed in the judicial practice trial.