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Research On Legal Regulation On Abuse Of Market Dominance In China’s Academic Database

Posted on:2024-06-03Degree:MasterType:Thesis
Country:ChinaCandidate:S Q YangFull Text:PDF
GTID:2556307091992009Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,China has attached great importance to the construction of the knowledge base.There is no doubt that the construction of academic databases is a crucial part of it.At present,China’s academic database market is in a mature stage of development,and the market structure is becoming more and more stable.The services provided are in line with the characteristics of China’s academic production and creation and show diversification.However,the academic database market is booming and facing many problems.Among them,the problem of academic database enterprises abusing their dominant position in the market is particularly prominent.Many behaviors of academic database enterprises have been questioned and criticized for a long time,but they have not attracted widespread attention.It was not until 2022 that CNKI,the largest academic database in China,was suspected of abusing market dominance and was investigated by the State Administration of Market Supervision,which led to the attention and discussion of all sectors of society on the monopoly behavior of academic database enterprises and the legal regulation of monopoly behavior.The investigation of CNKI by state organs not only means that the bad behavior of monopoly of academic database enterprises will be regulated,and the market environment will be purified,but also breaks the long-term anti-monopoly shortage of anti-monopoly of the academic database market by anti-monopoly supervision organs,which is a milestone for the anti-monopoly of the academic database market.Due to the "legal scarcity" of knowledge products,the academic database,as a carrier of knowledge dissemination,inevitably has a monopoly color.This provides favorable conditions for academic database enterprises to abuse market dominance.Therefore,academic database monopolies occur frequently,the most typical of which is CNKI’s abuse of market dominance to implement behaviors such as unfair high prices,bundled sales and limited transactions.These behaviors seriously damage the rights and interests of multiple parties while excluding and restricting market competition,which is not conducive to the benign development of the market.Therefore,the abuse of market dominance by academic databases must be regulated.Unfortunately,there are still many shortcomings in China’s legal regulation of academic database monopolies.The most obvious is the lack of punishment and regulation of academic database abuse of market dominance by anti-monopoly regulators,resulting in a lack of relevant experience and obvious inadequacy of relevant cases.In addition,in practice,the legal regulation of academic databases’ abuse of market dominance will also face the following regulatory difficulties.First of all,in terms of the definition of the relevant market and the identification of dominant position,the traditional identification method may not be applicable due to the irreplaceability of the academic database and the characteristics of price as the main competitiveness and its own public welfare.Secondly,the regulation of the exclusive licensing agreement of the academic database has not been clarified in the legal provisions,and the legality and rationality of the exclusive licensing agreement signed by enterprises that abuse their dominant position need to be further confirmed.Finally,the judicial organs play a limited role in regulating the abuse of market dominance by academic databases.The plaintiff bears the burden of proof after filing a lawsuit against the academic database for abuse of market dominance,while academic database enterprises do not disclose relevant information,and it is difficult for the plaintiff to obtain relevant evidence to provide evidence.Therefore,so far,there have been no real cases related to academic database abuse of market dominance in China’s judicial practice.In order to ensure that the abuse of market dominance in academic databases is effectively regulated,the existing problems can be improved from the following aspects.First of all,broaden the ideas of the relevant market definition and market dominance identification of academic databases.The traditional definition methods and market structure standard identification factors are not applicable.Based on the consideration of the market characteristics of academic databases,it is necessary to seek more efficient,simpler and more suitable relevant market definition and market dominance identification.The method.Secondly,clarifying the legal rationality of the exclusive licensing agreement and the limitation of the number and duration of authorization in the exclusive licensing agreement can effectively break the barriers of the academic database market and prevent large-scale academic database enterprises from occupying massive resources and monopolizing the market for a long time.The academic database market lacks vitality and has been in an abnormal competitive state for a long time.The establishment of a resource sharing platform can effectively promote the dissemination of knowledge and stimulate the competitive vitality of the academic database market,which is conducive to guiding the benign competition and development of the market.Finally,when judicializing and enforcing regulations on the abuse of market dominance in academic databases,we can explore the feasibility of introducing the principle of necessary facilities and forcing enterprise information disclosure.Legal regulations on academic databases’ abuse of market dominance must be "appropriate",and excessive intervention and restraint on the academic database market will only destroy market activity.The development of academic databases is like a broken bamboo,and the benign development of the market must rely on multiple forces.The legal regulation of academic databases abusing market dominance is definitely not by suppressing academic databases to achieve the purpose of maintaining the market,nor is it a choice between the development of academic databases and free market competition,but seeking a balance to achieve a win-win situation between the development of academic databases and benign market competition.
Keywords/Search Tags:Academic Database, Abuse of dominant position, Promotion of knowledge dissemination, Balance between public and private interests
PDF Full Text Request
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