Research On The Unified Sales Strategy Of E-commerce Platforms In Anti-monopoly Law

At present,e-commerce in China is in the ascendant.In the past ten years,major e-commerce platforms try their best to attract people's attention,seize more market share and business advantage in the fierce market competition through "unified sales strategy",common ground is told,promotional activities.The normal discount promotional behavior is no ground for blame,but in real life,some e-commerce platforms use their advantages in Internet business environment to promote,organize and even force businesses on their platform to implement unified discount,which is on suspicion of violating the clause of fixing price and abusing of dominant market position in antitrust law.The current law can not regulate this kind of behavior directly,while there are a little theoretical analysis and research.Besides,most of the research about e-commerce platform anti monopoly just remains in finding problems and qualitative aspects.The antitrust issues,such as the production and determination of monopoly behavior,in the field of e-commerce are special because e-commerce platforms are in bilateral markets.At the same time,the introduction of the correspondent legal measures are more difficult,like the definition of relevant markets.However,from the perspective of the antitrust law spirit and the adverse effects this behavior may bring to the market,those factors which are on suspicion of violating the general rules of the market competition must be removed,this kind of activity must be strictly regulated by law.The draft law of e-commerce has been introduced.Based on the consideration of systematicness and integrity of the whole industry legal system,to make e-commerce platforms' "unified sales strategy" be effectively regulated,first we should clear the legal status of the e-commerce platform.We should clear that the relationship between e-commerce platforms and businesses is a kind of brokerage contract,and then we can study on the allocation of rights and obligations between them.Second,as for the specific problem about the application of the law,based on a comprehensive analysis of the similarities and differences between e-commerce platforms and industry associations,we can expand the scope of application of existing law rightly,while definite relevant markets by commodity type to measure the market share every e-commerce platform has,and then select the appropriate method of legal regulation.In addition,the anti-monopoly law enforcement agencies should innovate means oflaw enforcement,strengthen law enforcement efforts.Industry associations should give full play to its industry coordination and guidance.