A Study On The Abuse Of Comparative Advantage Status Regulations For Large Online Shopping Platforms

Because of its inherent lag characteristics,the law is worthy of second thoughts in the regulation of the behavior of certain emerging Internet+ companies that are suspected of infringing on competition,especially the abuse of market dominance and abuse of comparative advantage.We are worried.The "3Q" wars that have already been filled with smoke and the integrated large-scale online shopping platforms such as JD.com and Alibaba force business chaos such as "re-election" and reflect the monopolistic behavior and unfair competition in the "Internet+" era.These expressions of more complex and diverse forms not only infringe the rights and interests of consumers,but also seriously hinder the participation of small and medium-sized online shop operators in the Internet trading market.The function of the current large-scale online integrated shopping platform is no longer confined to providing virtual venues for online buying and selling transactions for market entities in different geographical regions and with different organizational forms.Instead,it fully utilizes the traffic advantages of the platform and covers it horizontally.A variety of e-commerce models,vertical and multiple upstream and downstream business extension.Under such circumstances,online suppliers have a trading dependence on large online integrated shopping platforms,and the relative advantage of such platforms arises.These platforms,driven by profit,began to abuse their comparative advantage to interfere with the online business operations of suppliers,in order to increase their own number of users and market influence,and thus achieve competitive exclusion from other similar platforms.Specifically,the abuse of the comparative advantage status of the current large-scale online shopping platform in China mainly includes four aspects: one is to define the minimum price,the other is to force the activity to yield,the third is to increase the barriers to the platform,and the fourth is to delimit the transaction method.However,the current laws of our country do not respond adequately to the particularity of such behaviors.As a result,there are the following problems in the regulatory system.First,the "vacuum zone" of law enforcement is not clearly attributed to the legal department,the second is the incompleteness of the conduct standards.Deviation of ideas,and third is the weak legal binding force encourages the subject's motivation on abuse.Judging from the legislative experience of various countries,the regulation of abuse of comparative advantage status has become a global topic.Other countries arealso exploring measures to improve such legal systems.By drawing lessons from the legislative models of countries such as Germany and Japan,our country can use the current competition legal system resources to improve the abuse of comparative advantages in large-scale online shopping platforms.First of all,to build a legal norm system with the "anti-monopoly law" at the core.First,we must determine the nature of the "anti-monopoly law," and second,we must clarify the content of the regulations.Third,we need to improve the system of requirements.Second,we should reconstruct the Criterion of "Abuse of Comparative Advantage" with "Duality".First,it defines the boundaries of the relevant monopolistic behavior.Second,it clarifies the“dependency” standard in micro-transactions.Third,it establishes macroscopic criteria for exclusion of competitiveness.Finally,it updates the relevant legal liability constraints mechanism.On the one hand,reasonable allocation of the burden of proof on both sides of the behavior,on the other hand,establish a comprehensive and effective behavioral responsibility system.