December 31，bet365 app high-end forum "HowNet Monopoly Cases and Antitrust Frontier Issues" theme salon was held online。This salon is hosted by bet365 app、Sponsored by the Institute of Economic bet365 best casino games and Environmental bet365 best casino games of the School of bet365 best casino games，Co-organized by the Competition Policy Research Center of Shandong University。Professor Zheng Zhihang, Vice Dean of the bet365 best casino games School, attended this salon，Many teachers from the Institute of Economic bet365 best casino games and Environmental bet365 best casino games and the Institute of Litigation bet365 best casino games of the School of bet365 best casino games、and bet365 best casino games students、About 140 people, including teachers and students from foreign schools, participated in the salon event。
The salon is divided into two parts: lectures and talks。The keynote session will be hosted by Zheng Zhihang。Distinguished Professor of Shenzhen University、Researcher at the Institute of bet365 best casino games, Chinese Academy of Social Sciences、Professor Wang Xiaoye, former member of the Expert Advisory Group of the Anti-Monopoly Committee of the State Council and Distinguished Professor of Shanghai Jiao Tong University、Professor Wang Xianlin, a member of the Expert Advisory Group of the Anti-Monopoly Committee of the State Council, gave wonderful keynote reports。
Zheng Zhihang expressed his welcome and gratitude to the guests on behalf bet365 best casino games college，And gave a brief explanation bet365 best casino games background bet365 best casino games salon。He pointed out，It is meaningful for the salon to discuss the case of CNKI being fined，Because with the development of electronics，HowNet has become an important way for us to obtain knowledge to a large extent，We are both users and contributors of CNKI，The monopoly behavior of CNKI is closely related to us，Worth discussion。
Professor Wang Xiaoye, the guest speaker, gave a keynote report titled "Analysis of the CNKI Case"。The report takes the case of CNKI being fined as an example，Explains the specific ideas of applying the Anti-Monopoly bet365 best casino games to analyze abuse of market dominance，Including definition of relevant markets、Determination of market dominance、The characterization of specific abuses (the CNKI case involves both exclusive abuse and exploitative bet365 Play online gamesabuse), etc.。Also pointed out，The anti-monopoly bet365 best casino games enforcement agencies have fully considered the two-sided market and network effects of CNKI as an Internet intermediary platform，Therefore，The case of CNKI being fined can be regarded as a case of restricting competition in the digital economy，This is the first case in which Article 22, paragraph 2, of the Anti-Monopoly bet365 best casino games applies；The competition analysis ideas of traditional antitrust and antitrust laws are completely applicable in the field of digital economy，But it is worth paying attention to，Special consideration in this case is service price，Rather than dynamic competitive factors。Professor Wang also raised some questions about this case，for example，Both costs and benefits of CNKI come from the national finance，Whether the relevant government departments have granted CNKI exclusive service rights？In the case of Alibaba’s choice of two, Alibaba’s total market sales in the previous year were used as the base for fines，However, in this case, CNKI’s sales in the relevant market were used as the base for fines，Why there are big differences in fine ideas？and pointed out，The effectiveness of the penalty decision in this case will depend on the rectification of CNKI and the supervision of bet365 best casino games enforcement agencies。
Professor Wang Xianlin, the guest speaker, gave a keynote report titled "Preliminary Observations and Thoughts on the CNKI Monopoly Case"。Report thinks，HowNet problems can be solved from the provision and management of public welfare knowledge resources、Three parties (author、Balance and coordination of interests between publishers and database developers、Discuss from three perspectives of monopoly and antitrust。Attention should be paid to the contradiction between the profit-making nature of electronic knowledge resource operators and the public welfare nature of knowledge products，Properly consider the functional positioning of electronic knowledge resources and corresponding industry supervision issues；This case involves copyright、Coordination and consideration between neighboring rights and product property rights，However, it is not appropriate to attribute CNKI issues to antitrust issues related to intellectual property abuse，HowNet is not the real intellectual property owner。HowNet abuses its market dominance in addition to restricting transactions and unfairly high prices，His retaliation for legitimate rights protection (removal of papers) may also constitute a refusal to trade。Professor Wang also pointed out，The investigation and handling by the State Administration for Market Regulation effectively responded to social concerns，Considered cross-border network effects in defining relevant markets，When determining market dominance, special attention was paid to the factors in which the parties have significant advantages in the related market，In terms of legal liability, in addition to fines, CNKI is also required to take various rectification measures，The influence is more extensive and lasting。In addition，The penalty decision in this case also provides direct and favorable evidence Bet365support for possible subsequent civil litigation，This will help achieve the connection and coordination between antitrust administrative bet365 best casino games enforcement and civil justice。
The discussion session was hosted by bet365 app researcher Ye Gaofen，Associate Researcher Huang Jin, Director of the Competition bet365 best casino games Research Center of the Institute of International bet365 best casino games, Chinese Academy of Social Sciences、Professor Zhang Shijun, Director of the Institute of Economic bet365 best casino games and Environmental bet365 best casino games of bet365 app、Professor Liu Jialiang、Professor Xu Weimin、Associate Professor Guo Chuankai and Assistant Researcher Wang Chao and other scholars gave wonderful talks or shared their views。
Zhang Shijun thinks，There are two reasons why scholars’ reaction to bet365 best casino games’s punishment was relatively muted: First, the result of bet365 best casino games’s punishment was not unexpected by scholars，Because bet365 best casino games’s monopoly behavior is very obvious；Second, the amount or proportion of fines reflected in the current penalty decision will not have a big impact on bet365 best casino games。Although bet365 best casino games has introduced rectification measures，But can the monopoly problem be fundamentally solved，Professor Zhang expressed doubts，And put forward some thoughts: bet365 best casino games itself can be said to be the main body in providing public goods and services such as knowledge resources，Is it a market entity that we usually recognize as participating in market competition？What is the relationship between the author and bet365 best casino games？Therefore，Want to fundamentally solve the bet365 best casino games monopoly problem，Need further exploration。
Liu Jialiang raised the subject of prosecution around the new anti-monopoly civil public interest litigation system in the Anti-Monopoly bet365 best casino games、Evidence Rules、Jurisdiction Rules、Determining litigation claims and many other issues worthy of discussion，It focuses on two issues: one is the prediction that there will be difficulties in obtaining evidence in anti-monopoly civil public interest litigation、Three major problems: difficulty in identification and difficulty in execution，It is recommended to introduce technical investigators at the evidence level、Using multiple methods to identify antitrust behavior at the legal level、Strengthen the evaluation and supervision of rectification at the executive level；The second is that compared with administrative bet365 best casino games enforcement，Antitrust civil public interest litigation can pursue accountability more comprehensively，Including stopping the violation、Removing obstacles、Responsibility forms such as apology and compensation for losses，In particular, punitive damages system can be applied to antitrust civil public interest litigation to better protect public interests。
Xu Weimin affirmed the significance of CNKI’s fined case，Also pointed out that some details were not paid attention to in the administrative penalty decision，for example public、Can non-comprehensive Chinese academic literature online databases be classified into the same related product market？Also pointed out，Compared to the relevant market definitions bet365 best casino games "Qihoo v. Tencent Abuse of Market Dominance Case" and "Alibaba Alternative Case"，The administrative penalty decision in this Bet365 app downloadcase is more complicated to define the relevant market，There are also many breakthroughs and innovations。
Huang Jin explains the enlightenment brought by this case，Including allowing the market to play a decisive role in resource allocation and better playing the role of the government and requiring improved property rights protection、Fair competition and other basic market economy systems；High-quality development requires regulating and guiding the healthy development of all types of capital；In the national governance system、Modernization of governance capabilities，While the government emphasizes economic development and technological progress，The protection of consumer interests and social public interests should not be ignored，This also releases the potential of domestic demand、Important content in building a new development pattern；Congmei、Europe、Looking at the development experience of major jurisdictions such as Japan，Antitrust bet365 best casino games enforcement is an important means and tool to solve market failures；my country’s antitrust legal system draws on the antitrust legislation and bet365 best casino games enforcement practices of major jurisdictions such as the European Union，Future antitrust enforcement、When revising the bet365 best casino games, we need to look at the world，Further strengthen learning and research，Provide support for Chinese modernization。
Guo Chuankai pointed out，The CNKI platform is committing illegal acts against both sides of the bilateral market，Distinct from other subjects。HowNet case involves exploitative and exclusionary behavior，But antitrust laws can no longer completely solve the problem of exploitative abuse，Need to rely on regulatory approaches other than antitrust laws。He also pointed out，In CNKI monopoly cases, bet365 best casino games enforcement and litigation should be connected in both directions；The time span for investigation and handling of CNKI cases is too long，And there is a problem with the base selection of the fine；Is it still necessary to confiscate illegal gains?，Still needs to be considered；The aggravated penalties of Article 63 of the new Anti-Monopoly bet365 best casino games are not applicable to this case，Also a pity。
Proposed by Wang Chao，In CNKI-related litigation cases，Some private interest litigation cases have actually functioned as antitrust civil public interest litigation。Because there are a large number of public interests that need to be protected in antitrust cases，Therefore, antitrust civil public interest litigation is necessary。And compared to administrative bet365 best casino games enforcement，Public interest litigation can better balance market forces through confrontation and judgment.，Taking into consideration the interests of multiple parties；Compared to private interest litigation，Can make up for the plaintiff’s lack of strength，Relief methods are also more diverse。Antitrust civil litigation will need to be the subject of prosecution in the future、Procedural connection and evidence rules will be improved。
Ye Gaofen pointed out during the interaction，After the dust of being “punished” on CNKI has bet365 live online casinosettled，It is very likely that follow-up antitrust litigation or bet365 best casino games interest litigation against CNKI will be filed，This penalty decision of the State Administration for Market Regulation on CNKI can be used as evidence to determine the illegality of CNKI-related activities。In addition，HowNet as a network database operator，The formation of its monopoly position is due to administrative authorization documents mentioned by some scholars，It may also involve the issue of fair competition review and replacement。
In this theme salon，From Chinese Academy of Social Sciences、Shanghai Jiao Tong University、Experts and scholars from Shenzhen University and Shandong University focused on the latest antitrust hot event of "HowNet was fined"，Anti-monopoly civil public interest litigation、Digital Economy Antitrust、As well as intellectual property and antitrust and other antitrust frontier issues were carried out enthusiastically、Full and effective discussion。Salon activities not only enhance the domestic influence of the bet365 best casino games school’s antitrust research team，It also demonstrates the good atmosphere and research strength of the bet365 best casino games school’s interdisciplinary research on antitrust bet365 best casino games and litigation bet365 best casino games。
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