The Chinese Academy of Sciences responded that the renewal fee of nearly 10 million yuan for the suspension of CNKI was too expensive: the high renewal fee caused scholars to call for an anti-monopoly investigation
On April 18, regarding the online transmission of the CNKI data of the Chinese Academy of Sciences, a relevant person of the Chinese Academy of Sciences said that the news is true. The source said that it is expected to be discontinued from April 20. In this regard, CNKI customer service responded that they did not know.
“According to the information disclosed by various parties, CNKI may be suspected of abusing the monopoly of its dominant market position.” Deng Zhisong, a senior partner of Dentons Law Firm, told reporters that CNKI’s market share in the field of dissertations is close to a monopoly. At the same time, he sold the paper downloads at an unfairly high price, which is suspected of violating Article 17, paragraph 1, item 1 of the Anti-Monopoly Law: “Selling commodities at an unfairly high price or buying commodities at an unfairly low price.”
However, while discussing whether CNKI constitutes a violation of the anti-monopoly law, the legality of CNKI to protect intellectual property has also caused controversy because the products provided by CNKI are knowledge-based services of various academic papers.
Liu Xu, an anti-monopoly scholar and a special researcher of the National Institute of Strategic Studies of Tsinghua University, cited the content of Article 14 “Determination of Intellectual Property and Market Dominance” in the “Anti-Monopoly Guidelines of the State Council’s Anti-Monopoly Committee on Intellectual Property”, pointing out that the operator has Intellectual property does not necessarily mean that it has a dominant market position. To determine whether a business operator with intellectual property rights has a dominant position in the relevant market, it shall be analyzed based on the factors and circumstances under which the business operator is identified or presumed to have a dominant market position as stipulated in Articles 18 and 19 of the Anti-Monopoly Law.
In December 2021, Liu Xu once submitted a letter of recommendation to the State Anti-Monopoly Bureau and the State Administration for Market Regulation to investigate whether CNKI abused its dominant market position.
Liu Xu believes that in the domestic academic journal literature query service market with a two-sided market attribute, CNKI owns academic literature resources in the upstream that other competitors do not have, and on the other hand, it has locked in a large number of downstream user groups through these literature resources. Has a typical two-way locking effect. According to the “Anti-Monopoly Guidelines on Platform Economy”, lock-in effect, user stickiness, and the availability of necessary facilities are one of the key factors for determining that a platform company has a dominant market position.
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