With the rapid development of Internet information technology, Internet enterprises rise and develop rapidly. The Internet industry has a strong driving force for the development of productivity, and has a huge impact on People's Daily life and thinki...
With the rapid development of Internet information technology, Internet enterprises rise and develop rapidly. The Internet industry has a strong driving force for the development of productivity, and has a huge impact on People's Daily life and thinking patterns. Meanwhile, Internet companies use their dominant market position to exclude or restrict competition, which has seriously damaged and impacted the normal market competition order in China. However, in the face of the chaotic competition order of the Internet market in China and the outdated anti-monopoly law regulation means that are out of line with the international market, China's existing anti-monopoly law's lack of regulation on the abuse of market dominance by Internet enterprises in many aspects such as concept construction, theory construction, system construction and regulation construction not only hinders the healthy and rapid development of the Internet market. At the same time, it also poses new challenges for the protection of competition order.
On March 10, 2023, the State Administration for Market Regulation issued the "Interim Provisions on the Prohibition of Abuse of Market Dominant Position", which came into effect on April 15, 2019, and made special regulations on abuse of market dominant position in the Internet field, but some provisions are too general and can not be practical. China mainly takes the Anti-Monopoly Law as the basis for determining the dominant position of the market, which has the defects of too lag and principle. Compared with the legal regulations on the dominant position of the market in the traditional market, Internet enterprises are different from traditional enterprises in many characteristics such as network and bilateral, which brings many gaps and loopholes to government supervision and legal regulations. It is of great theoretical and practical significance to discuss how to regulate this kind of behavior. In view of this, comparative analysis, literature analysis, empirical analysis and other research methods are adopted to take the basic theory of Internet enterprises' abuse of market dominance as a starting point, combine the current situation and problems of legal regulations on Internet enterprises' abuse of market dominance in China, and then summarize the research on Internet enterprises' abuse of market dominance in the United States, the European Union and other non-regional countries or regions. From the aspects of legislation system and law enforcement mode, this paper puts forward the perfect path to regulate the abuse of market dominance by Internet enterprises in China.
On the basis of summarizing and reflecting on the current situation of regulation on abuse of market dominant position by Internet enterprises in China, it is not difficult to find that the current anti-monopoly regulation system is too general and difficult to handle the problems in the field of Internet economy, and cannot effectively guide the regulation practice of abuse of market dominant position by Internet enterprises. In addition, there is a lag problem in the relevant provisions on the recognition of market dominant position, which makes the lack of unified and clear standards in the recognition. Meanwhile, the relevant legislative ideas for regulating monopoly behavior are not clear enough, resulting in the unclear direction of competition law. Therefore, while updating the antitrust analysis framework, it is also very important to introduce and improve relevant special laws and regulations and form a supporting law enforcement and supervision system. Strengthening the legal regulation of Internet enterprises' abuse of market dominance and further improving the specific legal provisions are the theoretical basis for properly solving the problem of abuse of market dominance in the Internet economy, and efforts should be made to establish a pre-supervision system for specific platforms. Foreign developed countries or regions, such as the United States, the European Union, and Japan, have useful experience in regulating the abuse of market dominance by Internet enterprises, including the introduction of new market definition methods, which have a profound impact on regulating the abuse of market dominance by Chinese Internet enterprises.