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Research On Business Concentration Declaration System In Internet Field

Posted on:2023-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:P LiFull Text:PDF
GTID:2556307040977049Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of modern science and technology,modern emerging industries represented by the Internet emerge in an endless stream and gradually occupy a dominant position in the market.New Internet platform companies continue to emerge,and the Internet has become the main force in the new economic market,which has made great achievements in promoting high-quality economic development and improving consumer welfare.The competition is becoming more and more fierce,and the competition problems in the Internet field are gradually emerging.Many platforms choose a centralized development method to expand the market and enhance their competitiveness.Concentration of operators can integrate business entities and market resources,is a mechanism that can optimize resource allocation and effectively regulate production,and has a positive role in promoting enterprise development.However,concentration will also bring about the use of market dominance and abuse of rights,which will lead to adverse consequences of monopolizing the market.This is not only an infringement on the legitimate rights and interests of competitors,but also destroys social and economic stability.Restricting this behavior is of great significance to maintaining a fair market competition environment in the Internet field and ensuring its healthy and orderly development.Therefore,how to regulate the concentration of operators in the Internet field has become an important issue.This paper takes the declaration system as the research object,and discusses the shortcomings of the declaration system in the practice process.The article is divided into four parts,comprehensively using the literature research method,the empirical research method and the cross research method,to sort out the implementation status of the operator concentration declaration system in the Internet field in my country,and make a comprehensive analysis according to the characteristics of the Internet field and related theories.Firstly,it discusses the characteristics of business concentration in the Internet field different from the traditional market,network effect,locking effect and the particularity of bilateral market.This paper expounds the challenges brought by the Internet to the application of the concentration declaration system,which is theoretically inconsistent with the traditional competition concept and the value goal of antitrust.At the same time,it leads to some limitations of the traditional relevant market definition methods in the field of Internet.Secondly,it summarizes and analyzes the problems existing in the legislation of the current concentration declaration system in the Internet field,and introduces the principles of the establishment of concentration declaration standards in China,including the principles of science and rationality,operability and initiative.With regard to the provisions on the application standards,the Interim Provisions on the examination of business concentration was issued in October 2020,and the anti-monopoly guide of the anti monopoly Commission of the State Council on the field of platform economy was issued in February 2021.The anti-monopoly law(Revised Draft)was reviewed in October 2021,but the turnover standard was still adopted for the application standard,and there are some barriers in the application of the turnover application standard in the Internet field.Firstly,the calculation of turnover is controversial.Secondly,the turnover standard can not effectively screen out the centralized behavior with the effect of excluding and restricting competition implemented by the Internet platform.Finally,the declaration system lacks objective quantitative standards and dynamic adjustment mechanism.In response to the above problems,the last part puts forward regulatory suggestions based on the actual situation: put forward the factors that need to be considered in the establishment of reporting standards,including economic development,national economic policies and relevant international legislation;Improve the relevant market definition methods of application standards,try to dilute the relevant market definition and explore new methods suitable for the Internet field;Determine diversified reporting standards,introduce standards that can reflect the dominant market position of Internet platforms,such as transaction volume,number of users and traffic,and establish a dynamic adjustment mechanism of reporting standards to better comply with social development.
Keywords/Search Tags:Concentration of Operators, Declaration System, Internet Domain, Antitrust
PDF Full Text Request
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