On The Regulation Of Abuse Dominant Position By Online Platform:the Experience Of EU Competition Law

With the development of the network platform economy,on the one hand,it has provided a wide range of network service to the public,and has completely changed the original appearance of work,life and social value creation.However,on the other hand,in the face of the fact that there is not even one case in China where online platforms are regulated by antitrust laws,it is no doubt that there is a dilemma between the theory of the Antitrust Law and the judiciary on online platform issue.Under the call of scholars,China issued the Revision Draft of the Anti-monopoly Law of the People's Republic of China(Draft for Public Comment)on January 2,2020,and responded to all sectors of society with special provisions on network platform factors.However,in contrast,the EU antitrust law almost has not changed for more than 60 years,but it still successfully implemented antitrust investigations on Google Search(Shopping)case,Facebook case and other online platforms.This dilemma has also caused some Chinese scholars to blindly respect the Treaty on Functioning of the European Union,while ignoring the contradictions of the EU antitrust law itself and its not universality for China.In this context,this article is based on the relevant characteristics of the network platform,combining the regulatory model of the EU Antitrust Law,and taking the internal logic of the relevant market,dominate position and abuse of dominate position as a starting point.With the reference to relevant EU cases,does the Anti-monopoly Law of the People's Republic of China require a legislation for online platform issue? As far as I concerned,the analyzing of the EU law's experience on regulating the abuse of dominate position of online platform is undoubtedly beneficial to the development of Chinese law monopoly law.In addition to the introduction and conclusion,the main body of this research is divided into five chapter:The Chapter ? is trying to puts forward the problem of online platform,with analyzing the legal concept of the online platform,and show the characteristic of online platform on Two-side Market,Network Effect,and the competitiveness of the platform data.The analyzing shows the urgency of the online platform due to its own advantages,and why it should be regulated by antitrust law.The Chapter ? is the EU's definition of the online platform's relevant market.The inherent logic of analyzing is from the general to the specific,the analyzing shows how the EU uses the relevant market as an important tool to define the scope of online platforms.It also analyzes the definition of the relevant market from the EU and its member states respectively from the Google Search(Shopping)case and the Facebook case on abusing of the dominate position.The Chapter ? starts with the relevant theories of market dominance and abuses,and describes how the EU can define the anti-competitive behavior of abuse of market dominance.At the same time,in order to maintain consistency with the relevant market analysis,this part still uses the Google parity case and Facebook 's abuse of market dominance as the entry point,and further demonstrates the EU 's judicial definition of market abuse from an empirical perspective.The Chapter ? is related to the Chapter II and Chapter III,the purpose of which is to dispel the antitrust law of the EU through the empirical analysis of the relevant cases mentioned above.Combining the above-mentioned justification of the relevant market,dominate position and abuse of dominance,this chapter points out that there is a disconnect between economic theory and judicial practice in the definition of the online platform relevant market by the EU antitrust law,and also shows the contradiction between path-dependence of antitrust law with the Two-side market theory,and shows the approach of the value the fundamental right and freedom competition or to choosing the economic efficiency,it is a question for the Court Justice of European Union.In terms of abuse of market dominance,there are also has the problems of ambiguities in the evolution of the system,the inconsistency of the antitrust law itself,and the staggered nature of the legal hierarchy.The Chapter ? provides corresponding perfect suggestions for the Anti-monopoly Law of the People's Republic of China on the regulatory model of the EU anti-monopoly law's abuse of market dominance.This chapter's position is different from the blind admiration of EU antitrust law by most chinese scholars,and also opposing the legal universalism.This part first explained China's current antitrust law model with a neutral attitude,and commented the Revision Draft of the Anti-monopoly Law of the People's Republic of China(Draft for Public Comment)on the Neutral Thinking of EU Antitrust Law.It consists of four aspects: disenchantment of the relevant market,sublation of the legislative model,measurement of value compliance,and reference of the organization.