Study On Antitrust And Regulation Of Tying Of E-commerce Platform

With the development of e-commerce platform, tying behavior has become a problem of anti-monopoly law enforcement and it can not be avoided.E-commerce platform has its own characteristics, its market share changes more rapid and its market forces is more likely to consolidate, which will also not be fully applicable to the antitrust regulation for the tying behavior of traditional industries.E-commerce platform in China in the ascendant, the problem is important for anti-monopoly enforcement for the e-commerce platform. In this paper, there is some introduction of the basic theory of the behavior of e-commerce platform for tying and analysis of the specific cases,which is to find it out that whether tying behavior is the efficiency need of the market or the evil side of the market, and that whether the traditional antitrust effective regulation is suitable for the tying behavior of e-commerce platform in the tow-sided market. Also,it is very important to resolve the problem that how to deal with the challenges of the e-commerce platform when we think about the antitrust enforcement. At the end of this paper, the writer discusses the current situation of the enforcement of antitrust law. This article is divided into seven chapters to introduce and resolve the above questions.The first part is the "Introduction". This section provides a brief description of the current economic situation, and the e-commerce platform in the bilateral market is an extremely important business platform in the economic. It’s very difficult to find the difference between the operation of the e-commerce platform and the violations of the antimonopoly control. Throughout China’s domestic e-commerce platform market, an oligopoly has began to take shape. It has become a major issue of the economic law and antitrust law to research the completion between e-commerce platforms and the anti-monopoly regulation.The second part is the e-commerce platform and its features. This section select the B2B trading platform as the most representative e-commerce platform to detail the nature and characteristics of e-commerce platform. The results of the B2B trading platform at home and abroad mainly are about its specific feature, influencing factors, as well as transaction costs. This section summarizes the characteristics of e-commerce platform from the above aspects. As an important trading channel in the modern economy, the e-commerce platform forms a bilateral market which is different from the traditional one-sided market. Firstly we should carefully study the various features and theories of the bilateral market, which is the basic knowledge for research content of the e-commerce platform. Secondly, we should study the impact of competition after the behavior of the platform itself on the under the situation of the bilateral market, including the positive and negative impacts.Finally, unlike traditional single market, the anti-monopoly regulation in the bilateral market is more complex, so the author seeks effective regulation of the bilateral market from researches by others or the practical jurisprudence.The third part is "the economic analysis of tying behavior".This section pays much attention to the economic analysis of tying behavior, and elaborates on various descriptions and research of the Classical school, the Chicago school and Post-Chicago school.Subsequently, the author describes the specific manifestations and the course of development of the tying behavior of e-commerce platform, and tries to explain the specific reasons for the above-mentioned phenomenon through personal analysis.The fourth part is "the antitrust analysis of tying behavior".This section attempts to make an objective assessment to tying behavior in the scope of the antitrust laws. Firstly, the author comprehensively analyzes the value and the demands of the antitrust laws. On the one hand, it’s to maintain the order of market competition, and thereby enhancing production efficiency, encourage the innovation;On the other hand, it’s also to maintain the overall interests of the consumer groups, which is to make sure the consumer welfare will not become less after the tying behavior of competitors. Then the author explained of tying behavior’s affection on the competition from the pros and cons.the tying behavior enhances the competitiveness of a huge boost for the early competitors, but, the monopoly effects subsequently may be greatly damaged for the competition order. Finally, I gave a brief assessment of tying behavior’s impact on consumer welfare.The fifth part is "the legal status of regulation and shortcomings of tying behavior in e-commerce platform".This part provides a detailed description on the present situation of the regulation that has effect on tying behavior in e-commerce platform.And legal deficiencies in the regulation of tying behavior are cited, especially for the lack of regulation of e-commerce platform in the bilateral market environment. The sixth part is "the thinking and recommendations to improve the regulatory system". In this part, the author provides some advice about the inadequacies that is referred in the fifth part, which will improve the regulation on tying behavior in the two-sided market. These advices will also improve the antitrust regulation on completion and completers in the two-sided market, and will play a positive role in the judgment of the law enforcement agency and the court.The innovations of this paper are:1, Innovative method. This article will expand on this topic from two aspects of the law and economics perspective. Also it contains vivid cases and links theory with practice.2, The innovation of the research object and content, Most of the existing studies are about the antitrust regulation on the traditional one-sided market, but e-commerce platform in the two-sided market was rarely involved.3,The innovation of the overall structure.