Regulation On Abuse Of Dominant Position Of Academic Database By Anti-monopoly Law

Literature resources are the core resources for the development and competition of academic database.By integrating and sharing literature resources,academic database makes the acquisition of literature resources more efficient and promotes the effective dissemination of academic achievements.However,there is also the risk of abusing the dominant market position.Some academic database operators restrict and exclude competition in related markets through unfair high price behavior and restrictive trading behavior,strengthen and consolidate their market dominance,and destroy the market order of fair competition.Due to the particularity of its commodities and services,market environment and user groups,there are many challenges in the regulation of the anti-monopoly law.This paper focuses on the regulation of the anti-monopoly law concerning the abuse of the dominant market position of academic database,mainly from the following three parts:The first part analyzes the concept of academic database and monopoly behavior.This paper defines the basic concept and characteristics of academic database,and then analyzes the causes of academic database monopoly,which mainly include high market concentration,"exclusive license" agreement and scientific research evaluation system.The abuse is characterized by selling goods at unfairly high prices and restricting transactions.The harmfulness of its abuse behavior is analyzed,which is mainly reflected in restricting the full competition in the market,damaging the rights and interests of authors and hindering the effective dissemination of academic achievements.The second part analyzes the current situation and dilemma of the anti-monopoly regulation on the abuse of the dominant position of academic database.When regulating the abuse of market dominant position by operators,anti-monopoly law generally judges whether operators constitute abuse of market dominant position according to three steps:relevant market definition,identification of market dominant position and identification of abuse behavior.Therefore,this paper mainly focuses on these three aspects to sort out the relevant legal norms in the regulation status of anti-monopoly law.In terms of the definition of relevant markets,our country mainly focuses on demand substitution analysis.When defining relevant commodity markets,we mainly consider price differences,sales channels,characteristic uses and other factors.When defining relevant regional markets,we mainly focus on analyzing whether two regional markets are carried out under consistent competition conditions.Mainly consider the way of selling goods,after-sales service and legal conditions and other factors.In addition,the application of the presumed monopolist test is analyzed.In terms of the determination of market dominant position,our country usually considers the criteria of presumption of market dominant position and other influence factors.In terms of the identifi.By sorting out the current situation of the anti-monopoly regulation on abuse of dominant market position of academic database,it is found that there may be the following difficulties in the anti-monopoly regulation process: 1.When defining the relevant commodity market,the traditional relevant market definition method can not accurately define the scope of the relevant commodity market in academic database,and it is assumed that the monopoly test method is difficult to apply.2.The existing market share calculation methods cannot accurately determine the market share occupied by academic databases in relevant markets,so there is a problem that the presumption standard of market dominance cannot be applied;3.In the identification process of abuse,the opaque pricing mechanism seriously hinders the identification of unfair high price behavior of academic database.In the third part,to solve the above problems,the following suggestions are put forward: 1.Limit the application of the relevant commodity market definition method,distinguish the individual users and institutional users in the academic database,and introduce the direct evidence method as a supplementary method to define the relevant commodity market;2.The market dominant position of academic database should be determined based on individual cases,and the factors affecting the market dominant position should be considered comprehensively.3.In the face of the difficulties in regulating unfair high prices and the opaque pricing mechanism,the author proposes to apply the operator commitment system for prior regulation,and makes the academic database operators promise to formulate new commodity pricing standards and pricing basis while reducing commodity prices and dissolving the "exclusive authorization" agreement,so as to standardize the operation and restore the market competition order.