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Empirical Study On Legal Regulation Of Abuse Of Dominant Market Position By E-commerce Platforms

Posted on:2021-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The rapid development of Internet information technology and logistics industry has greatly promoted the development of e-commerce industry.The emergence of mobile Internet and e-commerce platforms has broadened the sales channels of e-commerce enterprises to a greater extent,enriched consumers' choices,changed people's consumption patterns and habits,and changed people's way of life to a certain extent.E-commerce enterprises that adopt the operation mode of network platform have certain market power by virtue of huge user scale and click traffic.By virtue of its dominant position in a certain range of markets,e-commerce platforms are likely to abuse their dominant position,commit ACTS of abuse,damage the legitimate rights and interests of operators in the platform and other platforms,and impede the market competition order.At present,e-commerce platforms are booming,and some platforms take advantage of their dominant market position to carry out abuse behaviors frequently.Therefore,it is of great theoretical and practical significance to discuss how to regulate such behaviors.From three typical cases,this article refined regulation electric business platform of abuse of dominant market position behavior need to discuss the key problems,namely how to define the relevant market in the field of electric business platform,how to recognized electric business platform for abuse of dominant market position behavior and how to electric business platform for the legal regulating of the abuse of dominant market position behavior.Electric business platform with typical bilateral market characteristics,product fuzzy boundaries,crossover network externalities and locking effect,asymmetric price structure and "attention" competition,cause the borderless Internet sex determination method for trouble,draw lessons from outside the area defined method,put forward by perfecting the SSNIP method,analysis of profit model,and to distinguish the data characteristics define the relevant market.Due to the limitations of the market structure standard in the identification of the dominant position in the field of e-commerce platform,this paper proposes to identify the dominant position by considering such factors as the number of users,transfer cost and data collection and processing capacity,and specifically analyzes the problems in the identification of typical abusive behaviors,such as limited trading behavior,ultra-high pricing behavior and matchmaking behavior.The author holds that the behavior of e-commerce platform abusing the dominant position in the market applies the reasonable principle to analyze and evaluate the anti-competitive effect of specific behavior,and considers the "legitimate reasons" for the behavior.On the basis of summing up and reflecting on the status quo of the regulation on the abuse of dominant market position by e-commerce platforms in China,some Suggestions are put forward to improve it.In China,the laws and regulations on the abuse of dominant market position by e-commerce platforms are relatively general,principled and of poor operability,which cannot effectively guide the practice of the regulation on the abuse of dominant market position by e-commerce platforms.The lack of industry supervision and self-regulatory norms makes it impossible to form a regulatory synergy,which intensifies the chaos of e-commerce platform competition.The imperfect provisions on civil and administrative liability and the absence of criminal liability make the cost of violation too low to effectively deter the subject of wrongdoing;The unreasonable distribution of burden of proof affects the implementation of anti-monopoly private litigation.The bilateral market characteristics of e-commerce platforms bring challenges to the regulation of the abuse of dominant market position in the field of e-commerce platforms,but at the same time enrich the relevant market definition methods,dominant position identification and specific abuse behavior identification practice.To strengthen the legal regulations on the abuse of dominant market position by e-commerce platforms,it is necessary to explore and improve the anti-monopoly implementation guidelines or release guiding cases on the abuse of dominant market position by the Internet industry or e-commerce platforms,and effectively guide the practice.To further improve the anti-monopoly law liability system,increase the cost of violation,reasonably distribute the burden of proof,and guarantee the judicial relief;We will improve the multi-regulation system,form a joint regulatory force,and establish a positive interaction and joint governance between industry self-discipline and government intervention.
Keywords/Search Tags:e-commerce platform, relevant market definition, identify abuse of dominant market position, legal regulation
PDF Full Text Request
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