Research On The Legal Issues From The Perspective Of Anti-monopoly Of The Third Party Payment Subsidy

The third-party payment subsidy behavior occurs in the transaction and payment process between the seller and the buyer of the product,and the third-party economy directly subsidizes both the buyer and the seller(or one of them)of the product at the same time.Popularly speaking,third-party economies set off a "money-burning war",product buyers and sellers scrambling to "sweep red envelopes." Large-scale subsidy payments initiated by third-party economies are different from traditional "low-cost promotions" initiated by product sellers or from payment intermediaries of pure third-party payment platforms.Relying on the third-party economy,the third-party discount behavior is a new model of market competition in the Internet economy,big data's era.The innovation-driven production of the data platform is a valuable part of the economic transformation,but at the same time,This behavior has been monopolized or attempted to monopolize the market,in the major industries such as online car-hailing,shopping such as e-commerce,food,such as food and take-out and other consumer demand in the market is widespread,monopoly harm involves a wide range of areas.It is an important task of anti-monopoly law to explore the correct way of guiding and regulating the third-party discount behavior,which is of forward-looking theoretical and practical significance.According to the thinking of putting forward questions,analyzing problems and solving problems,combining with the regulation direction and measures of third-party affixation outside the territory,this paper applies value analysis method,interest analysis method,literature research method,and so on.Empirical analysis method and comparative analysis method,put forward the third party discount behavior antitrust regulation suggestion.The text is divided into four parts:The first part is the problems existing in the third-party subsidy behavior.The market competition pattern is solidified,the interests of the buyers and sellers of the products are damaged,the scattered effect of government supervision is not good,and the third-party sticker behavior produces monopolistic harm in the market.However,there are obstacles to the implementation of the anti-monopoly measures.The traditional anti-monopoly theory and system in the relevant market definition,monopoly agreements and predatory pricing,can not be fully applicable to this kind of monopoly to undermine the order of market competition.The second part is the anti-monopoly legal analysis of the third-party affixed behavior.Firstly,it takes the Marxist interest analysis method as the general guidance,combines the anti-monopoly freedom,efficiency,fairness and the social overall benefit value as the guidance,and secondly,The third-party discount behavior has the characteristics of relying on the Internet,rapid and large-scale,under the leadership of the third-party economy to form a cross-cutting legal relationship.Finally,starting from the relevant market definition theory,According to the characteristics of third-party discount behavior,a reasonable market definition is made,which provides the basis for antitrust regulation and puts forward that the central radiation monopoly and predatory pricing are suitable for regulating the third-party discount behavior.The third part is to draw lessons from the theory and system of the third-party discount behavior,and take the representatives of the three advanced market economies,the United States,the European Union and Japan as the comparative reference,to analyze the economic significance behind the emphasis on the anti-monopoly value of the three advanced market economies.Draw lessons from their predatory pricing definition innovation,advanced protection of data rights and other systems.On the basis of the analysis of the first three parts,the fourth part puts forward the suggestion that not only should the market innovation model of third-party economy be accommodated,but also the anti-monopoly regulation should be carried out on the third-party discount behavior which causes monopoly harm.In the construction of the system,the main body of power and responsibility should be clearly defined according to law,and at the same time,reasonable exemption should be made within the scope of the law,and in the way of law enforcement,the measures of operator commitment and price freeze should be used to guard against financing beforehand.Supervision system,social organization supervision and legal litigation relief parallel.