Antitrust Law Regulation Of Platform Most Favored Customer Clauses

The widespread use of MFC clauses in e-commerce,online hotel booking and online education has attracted the attention of multilateral antitrust enforcement agencies.The application of MFC clauses has a two-sided effect.The positive effects are to lower the price to benefit consumers,reduce the cost of search transaction,encourage operators to carry out competitive and non-price competition,and reduce the "free-rider" behavior of speculators.On the other hand,the use of this clause will also result in negative effects,such as compress profit space and weaken the price competition;Cause price to solidify,form the collusion between horizontal operators;Raise market barrier,form market blockade effect and so on.In our country market economy system,competition is an important means to improve the quality of goods and service,improve economic efficiency,safeguard the interests of consumers,and realize technological progress and social development.Therefore,the regulation of antitrust law of MFC clauses is worthy of further study.There are two issues that need special attention in the analysis process:First,the market structure difference between the Internet industry and the traditional industry,the characteristics of the Internet industry should be integrated into the analytical framework.Second,although the MFC clauses formally expressed as the price agreement between the market competitors of the vertical relationship,however,it may produce a complicated competition effect in practical application.Under the existing legal framework of our country,it is a new and complex proposition to how to determine whether MFC clauses should be included in the regulation of antitrust lawand how to regulate? We can learn from the excellent experience of extraterritorial antitrust law enforcement agencies,to reconstruct and perfect the regulation idea of China's antitrust law.This paper is divided into five chapters.The first chapter introduces the connotation,type and economic logic of MFC clauses in the significance of antitrust law.It is concluded that MFC clauses should be included in the regulation of antitrust law.The second chapter combines the characteristics of the Internet industry's unique bilateral market structure and intersecting network externality,it analyzes the pros and cons of the possible competitive effects of MFC clauses.The third chapter compares it with the vertical resale price maintenance behavior,the improper application of the clause may result in the double restriction competition effects of horizontal and vertical.The fourth chapter combines the typical cases such as "United States of America,v.Apple Inc.","the European Union Booking.com and other alleged use of MFN clauses to limit competition".We can learn from the excellent experience of antitrust law enforcement agencies in Europe and America in order to improve the local regulation path.The MFC clauses themselves are not illegal.The analysis is guided by the rule of reason and the specific problems such as competition effect,market behavior and market structure.The fifth chapter analyzes the existing regulatory framework of antitrust law and considers the remedies of China's antitrust law on the alleged use of MFC clauses to limit competition.It is based on the law and interests protected by the antitrust law to construct and perfect the institutional framework of China's regulation on such monopolistic behavior.