Research On Monopoly Illegality Of Platform Shielding Behavior

In recent years,with the rapid development of the internet economy industry,some of the internet's emerging industry giants have frequently used their market dominance to suppress the economy of their competitors.This phenomenon has become increasingly worse and serious.Domestic and foreign anti-monopoly law enforcement There are also more and more antitrust investigations and related civil litigation cases initiated by institutions against the abuse of market dominance by internet companies.Among them,such as WeChat banned flying books,Tencent's shielded byte beating headlines,etc,similar to this Internet platform shielding behavior,whether it constitutes the abuse of market dominance as stipulated in the "Anti-Monopoly Law",is increasingly subject to China's anti-monopoly law enforcement agencies.The close attention has also caused controversy in the academic world.For the determination of the abuse of market dominance in emerging internet markets,it should be made clear that the production and business models of emerging internet industries differ from traditional industries in the past.Due to the existence of bilateral marketability,cross-network externalities,lock-in and network effects in the internet market compound features such as innovation and innovation have made the market competition of internet companies quite different from those of traditional and ordinary companies,and it is impossible to analyze emerging internet industries with traditional methods and thinking.Therefore,as to whether the internet platform shielding behavior constitutes an abuse of market dominance in the antitrust law,there are four aspects: market definition,determination of market power,determination of specific abuse,and analysis of the rationality and legitimacy of the behavior.Need specific analysis and argumentation.As far as the definition of the relevant market is concerned,platform blocking behavior is competition within the scope of the same market,which has the effect of restricting market competition.It is presumed that the main basis of the same market is derived from the analysis of relevant product markets and relevant geographic markets.internet application platforms compete for attention,users,and traffic based on the key core products or product services they provide.For the determination of marketdominance,a single factor is used to determine that the market dominance of the platform that implements the shielding behavior is too one-sided,relying only on one or both of market share,degree of dependence,barriers to entry,business model,network effect or lock-in effect sufficient,comprehensive analysis and judgment should be made.As platform blocking behavior is a new competition restricting behavior in the internet market,the identification of specific abuse behaviors should mainly be determined according to the content of the behavior and the interests of damage.Therefore,platform shielding behaviors are not classified as differential treatment and exclusive transactions.The abusive behavior is the most in line with the abuse of market domination that refuses to trade.Anti-monopoly law enforcement and judicial organs should not simply adopt laissez-faire or “one size fits all” type interventions on platform shielding practices implemented by super Internet platforms.In view of the huge development space and growth potential of China's internet platform economy,it simply denies all platform shielding actions are inappropriate,but we should seek a balance between technological innovation and competition protection in the internet market.Facing new problems arising from competition in the internet market,my country's anti-monopoly law enforcement and judicial organs should respond to the new problems emerging in the internet industry while coping with the full development of internet platform companies,so as to meet unknown new challenges.