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Study On Tactics Of The Antitrust Law Of Tying Conduct By Platform Manager In Two-sided Market

Posted on:2019-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:T Y Q SiFull Text:PDF
GTID:2346330542997704Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the rapid development of e-commerce platform,combined with the cross-network externality of two-sided market unique feature,platform operators implementing tying behavior has become an normal phenomenon which antitrust law enforcement can not be avoided.Meanwhile,with the rapid development of platform economy,Taobao and Dangdang platforms have become an indispensable part of people's daily life and play an important role in today's economic and social life.At the same time,many platform operators are actively thinking about how to take a dominant position in the competition.The most common phenomenon in real life is that platform operators try to use a tying strategy to improve their competitiveness.For example,full implementation of free shipping in the Tianmao Surpermarket when consumer pay the fixed amount,Jingdong Mall consumer offer shopping discount when consumer pay the fixed amount,Taobao users can receive free gold Amoy cash used to offset or redeem gifts.As a result,the tying strategy of platform operators in two-sided market began to attract the attention of some scholars.In traditional unilateral markets,tying behavior is essentially conditional trading,whereas platforms in two-sided markets have different value chains that generate profits by connecting two-sided(or multilateral)users.Due to the existence of cross-network externality,platform operators aim to increase the number of users on one side of the two-sided platform users and attract more users on the other side of the two-sided platfonn to join the platform.In the B2C platform,the tying behavior carried out by the operators in the two-sided marketplaces shows that the platform operators make use of the characteristics of the cross-network externalities and the inclined pricing market.When the complementary needs of the merchants and consumers reaching the transaction on their platforms,merchants or consumers try to attach some unreasonable trading conditions behavior.Because the B2C platform operators who implement tying-in behavior are in the two-sided market with the cross-network externalities and platform complementarity characteristics platform,the platform particularity mainly reflected four aspects,such as operators to implement tying behavior of non-unilateral users,cross subsidy model of the price mechanism,cross-border network externalities lead to the path-dependent model and two-sided market platform operators tying behavior of the integrated strategy.By introducing the basic theory of the tying behavior of the two-sided market platform operators,the tying behavior of the platform operators in the two-sided markets is not always extending market monopoly power,providing "soil"for collusion in competition,increasing barriers to entry into the market and circumventing the government's anti-monopoly regulation to eliminate the effect of restricting competition compared with the tying behavior in the traditional unilateral markets.In some cases,it can also guarantee the service quality of products,maintain the brand reputation of merchants,encourage the development of new products,reduce the market risk and increase the economic efficiency so as to maintain market competition and enhance consumer welfare.Although tying behavior and e-commerce platform in China have promulgated corresponding laws and regulations,however,the legal norms governing tying behavior of platform operators still need to be improved in the two-sided market,such as Third-party e-commerce trading platform service standards provides for the definition of e-commerce platform,article 6 of the provisions on the Prohibition of Abusing the Dominant Market Position of the Administration for Industry and Commerce stipulates six situations of "no justification".Due to the imperfections of laws and regulations and the uncertainty of the effects of the tying actions carried out by the two-sided market platform operators,some problems have appeared in the market economy activities in our country at present.It is difficult to define market dominance.It is difficult to distinguish the independence of the products sold.The free choice of consumers in the free tying model can not be distinguished from each other.It is difficult for the platform operators to judge whether the tying goods have"justified reasons".In order to improve the antitrust rules and regulations of the tying behaviors of platform operators in two-sided market,from the perspective of two-sided market,this paper attempts to combine the problems arising from tying behavior in traditional unilateral markets with the view of the components of tying behavior start to improve.First of all,through the establishment of data interoperability platform comprehensive analysis of data,the use of attention alternative analysis methods to improve the SSNIP detection methods,pay attention to the relevant time to define the market,dilute the relevant market definition to improve the market dominance definition method.Second,we can improve the single product standard from three aspects,mainly on the basis of the demand standard,supplemented by the standards of functional standards and transaction habits,from the perspective of technology and efficiency,and from the perspective of innovation.Furthermore,a reasonable distinction should be made between the boundaries of the purchaser's options,one is that clearing the primary value of the antitrust law objective to protect the legitimate rights and interests of consumers,and anthor is protecting some choice right of the consumer.Finally,the scope of "justification" of Article 17 of the "Anti-monopoly Law" in China is clarified from improving operational efficiency,enhancing competitiveness,saving costs,improving product quality,uniforming product specifications and standards,improving technology,researching and promoting new products,entering new markets and safeguarding major public interests.
Keywords/Search Tags:two-sided market, platform, B2C, tying, the antitrust law
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