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Anti-Monopoly Regulation Of Internet Platform Abuse Of Market Dominance

Posted on:2023-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiangFull Text:PDF
GTID:2556306800483464Subject:legal
Abstract/Summary:PDF Full Text Request
The competition among Internet platforms has become increasingly fierce,and various abuses of market dominance have seriously disrupted the competition order,which urgently needs to be regulated by the Anti-Monopoly Law.my country’s current "Anti-Monopoly Law" came into effect in 2008,there are no relevant provisions for Internet platforms,and there is little concrete experience to learn from in practice.Compared with traditional industries,Internet platforms have their particularities,which pose challenges to the application of anti-monopoly laws.Since December 2020,my country’s anti-monopoly law enforcement agencies have successively investigated and punished Alibaba,Shipaishi and other platforms for allegedly abusing their dominant market position,which has an instructive and reference value for the implementation of anti-monopoly on my country’s Internet platforms.It is the key direction for improving my country’s Internet platform anti-monopoly-related systems and measures.To this end,this paper uses case analysis,literature analysis,comparative analysis and other methods to study the anti-monopoly regulation of my country’s Internet platform abuse of market dominance.In addition to the introduction,the full text is divided into the following five parts:The first part is a typical case.By analyzing three typical cases of abusing market dominance by Internet platforms,and comparing the facts of the cases,the focus of the dispute,the way of handling the cases and the results of the cases,the problems existing in the application of the Anti-Monopoly Law to Internet platforms in the cases are summarized,which are mainly reflected in the fact that they have not yet been formed.A unified norm identification standard is very easy to cause controversy in practice.The second part is the legal analysis.Firstly,it analyzes the concept and characteristics of the Internet platform;secondly,it analyzes the definition and methods of the relevant market;finally,it analyzes the market dominance and the pattern of abuse,aiming to build a perfect theoretical framework for the analysis of specific problems in the third part.In order to clarify the understanding and understanding of the research object.The third part is problem analysis.Combined with the theories of the second part,the most controversial issues in typical cases are analyzed.It separately elaborates on the "failure" of traditional anti-monopoly tools such as alternative analysis and hypothetical monopolist testing in platform abuse cases,the difficulties in judging market dominance and abuse,and the lack of existing regulatory systems to regulate platforms,Internet platforms The legal responsibility is not perfect,etc.The fourth part is the study abroad.This paper compares and analyzes the competition policies and practical experience of the two major anti-monopoly jurisdictions in the European Union and the United States in the field of Internet platforms,and provides reference for my country’s anti-monopoly cases of abuse of market domination by Internet platforms.The fifth part is the improvement suggestion.This part is aimed at the specific problems of platform abuse in my country in the third part,referring to the experience outside the territory,and puts forward corresponding improvement suggestions.The first is to improve the method of defining the relevant market according to the characteristics of the Internet platform,and propose a path to “go beyond” the definition of the relevant market.The third is to adjust the implementation mechanism of Internet platform anti-monopoly,from post-event supervision to pre-event and in-process supervision,and introduce forced separation methods to enhance the regulation of Internet platforms’ abuse of market dominance.
Keywords/Search Tags:Internet platform, relevant market, abuse of dominant market position, anti-monopoly mechanism
PDF Full Text Request
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