Research On Anti-monopoly Regulation System Of Exclusive Dealing Agreements

The e-commerce platform requires the "alternative" behavior of the merchants show that the exclusive transaction is common in both online and offline markets.It may constitute an abuse of market dominance,or it may be identified as vertical non-price restrictions in the form of agreements.The systems regulating these two kinds of behaviors are complementary in the application of law and it must be considered in conjunction with each other.As a vertical non-price restriction behavior,the effect of exclusive transaction agreement highlights two sides.After learning from the theoretical viewpoint of the post-chicago school,which pays attention to both market structure and efficiency,this paper adopts the analytical method of "reasonable rules" to measure the effect.When the positive effect is greater than the negative effect,it do not need to intervene.When the negative effects is greater than the positive effect,we should also consider whether there is a legitimate reason and whether the means are necessary,especially the role of asset specificity in the offline market.If there is a just cause,it should be exempted.Of course,it is not necessary to perform complex analysis for every agreement,and a large part of it can be screened only from the judgment of market structure.When the market structure is in low market entry barriers and low market concentration,exclusive transaction has positive effects such as saving transaction cost,maintaining brand,reducing "free riding".A market structure with high market entry barriers and high market concentration is often difficult to have effective competition.It is more likely to have the effect of market blockade,thus excluding other competitors from entering the market and indirectly restricting consumers' choice.The design of exclusive trade agreement exemption system can draw lessons from the practice of the EU "safe harbor" system to set the market share security line.For online exclusive transactions,the "e-commerce law" only makes declaration provisions,and ultimately it should return to the analysis framework of the "anti-monopoly law".So,it is necessary to improve and refine the "Anti-monopoly law" and the corresponding regulations and guidelines.