Abstract: Refusal to transact is one kind of abusing of dominant market position. In the context of the Internet, refusal to transact presents a series of new forms: incompatibility by refusing to authorize or use the standard, refusing to use intellectual property rights, and refusing to use essential facilities. The regulation of this behavior should based on the identification of illegality, which includes four elements: subject, object, effect and defense reason. Thus, the next step is to balance the positive and negative effects of the behavior. If the negative effect is greater than the positive effect, the behavior should be prohibited; conversely, it should be exempted.

Key words: Internet +, refusal to transact, illegality