Anti-monopoly Regulation Of Exclusive Dealing In Digital Economy Of China

With the continuous innovation of information technology,the digital economy has developed rapidly as well,and it has shown the characteristics of network effect,bilateral market and dynamic economy.In the context of digital economy,exclusive dealing,a business strategy,exists in the form of exclusive authorization,exclusive agency,and so on.The exclusive transaction behavior is dualistic.On the one hand,it is beneficial to the protection of intellectual property rights,and it has a scale effect.On the other hand,it may also restrict competitions,and it is suspected as an illegal action because of monopoly.And it is necessary to exert the positive effects and curb its negative effects.Therefore,it is necessary to regulate the exclusive dealing behavior which restricts competition with the Anti-monopoly Law.However,due to the influence of various characteristics of digital economy,the exclusive dealing is in a dilemma of illegal identification.From the illegal identification of exclusive dealing agreements to the definition of relevant markets and the judgment of the dominant position of operators in the market,it is impossible to solve the problem through the traditional illegal analysis of exclusive dealing behavior,and the new solutions are urgently needed.First of all,from the characteristics of exclusive dealing behavior,the differences between the digital economy and the traditional economy in terms of production technology and market structure have led to the fact that the behavioral subjects of exclusive dealing mostly involve platforms,and the behavioral objects are mostly aimed at information products,and the behaviors methods become technical.Iii combination with the specific case of exclusive dealing behavior,in addition to characteristics mentioned above,the exclusive dealing behavior is also suspected of vertical monopoly and the abuse of dominant position in the anti-monopoly law.Secondly,from the perspective of the exclusive dealing of suspected vertical monopoly,conflicts between vertical monopoly agreement and violation of agreement,intellectual property protection and anti-monopoly,scale effect and free choice,which leads to the difficulty in determining the illegality of exclusive transactions during the digital economy period.In the face of these problems,the rule of reason is more able to meet the needs of the digital economy than illegal per se.Thirdly,in the exclusive dealing of suspected abuse of dominant position,the definition of relevant markets,the criteria for determining market dominance,and the identification of abuses have all broken through the boundaries of traditional economies.In addition to improving the traditional SSNIP test method,the EU has also proposed a profit model test method to define the relevant market;The determination of market dominance also needs to consider factors such as market share,market power and market contestability and so on.Finally,based on the inadequacies of the legal regulation of exclusive trading behavior in China,the paper proposes improvement suggestions for the legal regulation of exclusive dealing behavior in the digital economy from the perspective of legislation,law enforcement,and judicature.