反垄断法视野下的排名竞价问题研究
发布时间：2018-07-31 06:20
【摘要】：网络时代,信息庞大复杂,人们获取信息的渠道也多种多样。随着科技的发展、社会节奏的加快,人们对于信息更新速度的需求导致对搜索引擎的依赖性越来越严重、信任度也越来越高。搜索引擎商家正是抓住了时代的脉搏、掌握了人们需求的趋向,所以越来越多的搜索引擎商家利用人们的搜索习惯和广大的网络使用量创建了平台。其中百度一直占据着领先地位,无论是从点击量还是信息的容纳量都遥遥领先于其他搜索引擎。这在给人们带来无限利益的同时也引发了诸多问题。排名竞价问题就是其中一个不可回避的问题,其危害性也日益显著。尤其是作为搜索引擎巨擘的百度,在占有市场支配地位以后为了维护自身的地位,获取更大的利润空间,采取了排名竞价的模式,使得一些企业为了获取潜在的交易机会而不得不采取竞价方式来获取排名较好的页面位置,一些优质的企业没有参与竞价而被迫处在不利位置。最重要的是一些不具备资质的企业通过竞价“鱼目混珠”,人们基于对搜索引擎的信任搜索信息,结果得到的信息没有及时地解决问题却损害的是自身的利益,这种影响是多方面的,也违背了互联网建立发展的初衷。排名竞价问题可以从多个法律角度进行讨论,本文主要是从反垄断法的视角下进行研究,探究排名竞价行为是否构成垄断、是否应该由反垄断法进行规制以及如何进行规制的问题。在引言中由最近关于百度搜索引擎排名竞价引发的热点问题展开讨论,得出需要反垄断法规制的必要性,在之后的正文部分将首先简单介绍排名竞价的特点、由来及其运行的模式,然后从反垄断的角度出发去定性排名竞价这种行为,从相关市场的界定、市场支配地位的认定、排名竞价行为的判断标准是否属于滥用市场支配地位这三个方面入手,分析如何界定相关市场、探讨理论上认定的困境以及双边市场和单边市场的关系;市场支配地位的认定方式和要素、影响市场支配地位的因素、滥用市场支配地位的行为的特殊性、判断标准的合理性因素;如何认定是否为滥用、其理论的支撑依据。最后通过对这几方面的研究力求解决理论上的争议问题,给出合理的建议,探索出反垄断法规制排名竞价行为的新路径。通过对排名竞价行为的分析,最后得出这种行为构成了反垄断法中的垄断行为,需要进行规制。并提出目前存在的问题和面临的困境,给出合理的建议,从企业、用户、搜索引擎服务商、法律等多个角度出发,力求解决当下存在的问题,合理地引导排名竞价行为,为政府在规制这种行为时提供建议、给企业在运行上提出借鉴、同时对广大网络用户在辨别信息时提供指导,旨在消除排名竞价行为存在的弊端,合理得进行引导,维护网络用户的合法权益,创建一个良好的网络服务运行机制,营造一个和谐、健康、安全的网络环境。
[Abstract]:In the era of network, the information is huge and complex, and people have a variety of channels to obtain information. With the development of science and technology and the acceleration of social rhythm, people's demand for information update speed leads to more and more dependence on search engine, and the degree of trust is becoming higher and higher. Search engine merchants seize the pulse of the times and grasp the trend of people's needs, so more and more search engine merchants use people's search habits and the vast amount of network usage to create a platform. Baidu has been in the lead, far ahead of other search engines in terms of clicks and information. This brings unlimited benefits to people, but also causes a lot of problems. Ranking bidding is one of the unavoidable problems, and its harmfulness is becoming more and more obvious. In particular, Baidu, as a search engine giant, in order to maintain its position and gain more profit space, has adopted the model of ranking and bidding after taking the dominant position in the market. In order to obtain the potential trading opportunities, some enterprises have to take bidding to obtain a better ranking of the page position, some high-quality enterprises are not involved in the bidding and forced to be in a disadvantageous position. The most important thing is that some unqualified enterprises through bidding "mixed ball," people based on the search engine trust search information, the results of the information that did not solve the problem in time, but to the detriment of their own interests, This kind of influence is many respects, also violated the original intention that Internet builds development. The issue of ranking bidding can be discussed from several legal angles. This paper mainly studies from the perspective of anti-monopoly law to explore whether the ranking bidding behavior constitutes a monopoly. Whether it should be regulated by anti-monopoly law and how to regulate it. In the introduction, the hot issues caused by Baidu search engine ranking bidding are discussed, and the necessity of anti-monopoly law regulation is obtained. In the following text, the characteristics of ranking bidding will be briefly introduced. The origin and mode of its operation, and then from the perspective of anti-monopoly to qualitative ranking bidding this behavior, from the definition of relevant markets, market dominance of the determination, Whether the criterion of ranking bidding behavior belongs to the abuse of market dominant position, this paper analyzes how to define the relevant market, discusses the theoretical dilemma and the relationship between bilateral market and unilateral market; The ways and elements of market dominant position, the factors influencing market dominant position, the particularity of abusing market dominant position, the reasonable factor of judging standard, and the supporting basis of its theory. Finally, through the research of these aspects, we try to solve the theoretical disputes, give some reasonable suggestions, and explore a new way to regulate the ranking bidding behavior in anti-monopoly law. Through the analysis of the ranking bidding behavior, it is concluded that this behavior constitutes the monopoly behavior in the antitrust law and needs to be regulated. And put forward the existing problems and difficulties, give some reasonable suggestions, from the enterprise, users, search engine service providers, law and other angles, strive to solve the existing problems, reasonably guide the ranking bidding behavior, To provide advice for the government to regulate this behavior, to give enterprises in the operation of reference, while providing guidance to the vast number of network users in the identification of information, in order to eliminate the disadvantages of ranking bidding behavior, reasonable guidance, Maintain the legitimate rights and interests of network users, create a good network service operation mechanism, create a harmonious, healthy and secure network environment.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294
本文编号：2154699
[Abstract]:In the era of network, the information is huge and complex, and people have a variety of channels to obtain information. With the development of science and technology and the acceleration of social rhythm, people's demand for information update speed leads to more and more dependence on search engine, and the degree of trust is becoming higher and higher. Search engine merchants seize the pulse of the times and grasp the trend of people's needs, so more and more search engine merchants use people's search habits and the vast amount of network usage to create a platform. Baidu has been in the lead, far ahead of other search engines in terms of clicks and information. This brings unlimited benefits to people, but also causes a lot of problems. Ranking bidding is one of the unavoidable problems, and its harmfulness is becoming more and more obvious. In particular, Baidu, as a search engine giant, in order to maintain its position and gain more profit space, has adopted the model of ranking and bidding after taking the dominant position in the market. In order to obtain the potential trading opportunities, some enterprises have to take bidding to obtain a better ranking of the page position, some high-quality enterprises are not involved in the bidding and forced to be in a disadvantageous position. The most important thing is that some unqualified enterprises through bidding "mixed ball," people based on the search engine trust search information, the results of the information that did not solve the problem in time, but to the detriment of their own interests, This kind of influence is many respects, also violated the original intention that Internet builds development. The issue of ranking bidding can be discussed from several legal angles. This paper mainly studies from the perspective of anti-monopoly law to explore whether the ranking bidding behavior constitutes a monopoly. Whether it should be regulated by anti-monopoly law and how to regulate it. In the introduction, the hot issues caused by Baidu search engine ranking bidding are discussed, and the necessity of anti-monopoly law regulation is obtained. In the following text, the characteristics of ranking bidding will be briefly introduced. The origin and mode of its operation, and then from the perspective of anti-monopoly to qualitative ranking bidding this behavior, from the definition of relevant markets, market dominance of the determination, Whether the criterion of ranking bidding behavior belongs to the abuse of market dominant position, this paper analyzes how to define the relevant market, discusses the theoretical dilemma and the relationship between bilateral market and unilateral market; The ways and elements of market dominant position, the factors influencing market dominant position, the particularity of abusing market dominant position, the reasonable factor of judging standard, and the supporting basis of its theory. Finally, through the research of these aspects, we try to solve the theoretical disputes, give some reasonable suggestions, and explore a new way to regulate the ranking bidding behavior in anti-monopoly law. Through the analysis of the ranking bidding behavior, it is concluded that this behavior constitutes the monopoly behavior in the antitrust law and needs to be regulated. And put forward the existing problems and difficulties, give some reasonable suggestions, from the enterprise, users, search engine service providers, law and other angles, strive to solve the existing problems, reasonably guide the ranking bidding behavior, To provide advice for the government to regulate this behavior, to give enterprises in the operation of reference, while providing guidance to the vast number of network users in the identification of information, in order to eliminate the disadvantages of ranking bidding behavior, reasonable guidance, Maintain the legitimate rights and interests of network users, create a good network service operation mechanism, create a harmonious, healthy and secure network environment.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.294
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