A Series Of Case Studies On Abusing Of Market Dominant Position In China’s Internet Sector

Anti-monopoly cases on abuse of market dominant position in the Internet sector repeatedly come to the public’s attention,and there are enormous challenges in anti-monopoly enforcement and adjudication.This paper examines three critical and controversial issues with typical examples,the definition of the relevant commodity market,the determination of market dominant position and the identification of abuse of market dominant position in the Internet field.It offers theoretical value to prevent and restrain the abuse of the market dominant position in the Internet field,protect fair competition in the market,and safeguard the interests of consumers and the public interest.This paper achieves the following conclusions through the research and analysis:It is not considered necessary to define relevant commodity markets as the primary principle for the analysis to avoid it becoming an obstacle to the study of monopolistic behavior in the Internet field.In anti-monopoly practice in the Internet field,the alternative analysis method,as the predominant approach to defining the relevant commodity market,is essential to anti-monopoly in the Internet field.Yet,the existing alternative analysis method is comparatively outdated and demands enhancement.In identifying the existence of market dominant position,the conventional determination approach of market shares is insufficient in its accuracy and effectiveness.When defining the market dominant position in the Internet sector,the emphasis on market share needs to be appropriately reduced based on actual circumstances,and other factors should be taken into account depending on the features of the Internet industry,while the importance of market barriers needs to be enhanced.In assessing whether internet companies have market dominant position,the consideration of user dependency should also be reinforced,with attention to innovation capacity and possession of critical technologies.In China’s legal practice,the identification of abuse of market dominant position follows the typical approach of " determine the relevant market"-"determine the market dominant position"-"determine the abuse of market dominant position".However,the Internet industry is more complicated than the traditional industries,and the three steps of the one-way determination approach are defective and require adjustment,with the addition of a reverse verification mechanism and the attempt to directly determine in limited individual cases once the future law enforcement and justice are mature.In addition to adjusting the determination approach,it is also necessary to perfect relevant standards and systems,establish case-based guidance,modify the allocation rules of the burden of proof,and adopt the public interest litigation scheme.Simultaneously,China’s anti-monopoly enforcement authorities also need to vigorously enhance the capacity building of the professional team and the construction of relevant facilities for the law enforcement and strengthen the enforcement force for the abuse of the market dominant position in the Internet field.