Case Study On Administrative Penalty Of Internet Industry Operators Concentration Without Declaration

With the rapid development of Internet economy,the fierce competition among enterprises is manifested in the way of merger and so on.The concentration of operators in the Internet industry may bring negative impact on the market decision,we can not ignore the very prominent operators do not fulfill the declaration obligation illegal implementation of the concentration problem.Due to the particularity of the Internet industry,such as virtuality,lock-in effect,network effect and bilateral market,when the operators of the industry meet the statutory declaration requirements but fail to fulfill their obligations and are concentrated in violation of the law,they may occupy a large amount of user data and innovative technology and easily form a monopoly.This will not only inhibit other competitors from entering the market,reduce the innovation vitality of the industry,but also lead to damage to the legitimate rights and interests of enterprises and users.Therefore,in order to avoid the illegal concentration behavior of Internet operators,which should be reported or not reported,and bring negative impact on the competition pattern of the relevant market and the development prospect of the industry,the supervision and regulation of anti-monopoly law enforcement work in China is gradually becoming stricter.From 2020 to 2021 alone,hundreds of Internet operators were punished for failing to report.In this paper,the case study of the Internet industry operators concentration did not declare administrative penalties for in-depth research.In this paper,we choose 78 Internet industry concentration undeclared administrative penalty,to sort out the Internet concentration type,transaction type,the anti-monopoly enforcement authority competition on the Internet concentration effect evaluation and punishment measures such as features,and combining with the current laws and regulations and the relevant theoretical research results for analysis.It is not difficult to find the outstanding problems in the concentration of Internet operators in declaration,examination and administrative punishment: first,the concentration of Internet operators cannot apply the single turnover declaration standard and the active examination power of law enforcement agencies is difficult to play a supplementary role;Second,law enforcement agencies have difficulties in reviewing the centralized behavior of Internet operators involved in the protocol control mode,and lack of consideration of non-quantitative factors when evaluating the competitive effect of the centralized behavior of Internet operators in the industry;Third,the administrative penalty measures adopted by anti-monopoly law enforcement agencies are single and lack of deterrence,failing to effectively play the role of punishment and education.To solve these problems,flexible and adjustable dynamic declaration standards can be established.Promote the effective combination of Internet companies’ active declaration and law enforcement agencies’ active examination;Improve the attention of anti-monopoly law enforcement agencies to other non-quantitative factors other than market share measures to improve or solve.