Research On The Application Of Network Competition Law Rules Under The Mixed Business

Competition relationship and competition behavior complement each other and cannot be separated.Competition relationship is the object of adjustment of competition law.The rise of cross-border competition has a strong impact on the theory and application of the competition relationship,which is reflected in the Internet economy based on the platform,characterized by mixed industry,that is,the trend of multi-platform under the Internet economy.Internet platform enterprises have the dual attribute of "Operator Supervisor",and tend to use their supervisor identity to strengthen their lock-in effect on the network subjects who are active on their platforms in order to serve their operators' profit-making purposes,which greatly improves the cost of information conversion of network subjects.The characteristics of mixed operation and competition strengthen the lock-in effect of Internet platform enterprises through platform coverage,and also increase the cost of information conversion when the network entities on the platform change the platform.Under the Internet economy,the characteristics of mixed operation are manifested in the form of "free basic service +value-added service charge + advertising revenue",which also leads to a more obvious competitive relationship between Internet platform operators who are originally unrelated to each other in the field of basic business.Moreover,because the Internet economy is based on the platform,the cross group network externality of the platform inevitably arises.This feature can strengthen the lock-in effect of platform enterprises and become the catalyst for Internet platform operators to carry out mixed operation.In response to the Internet economic background of mixed operation,the anti-monopoly law and the anti unfair competition law,as competition law departments,should take different regulatory positions.Specifically speaking,in terms of anti-monopoly law,due to the cost reduction of crowding out competitors and the inertia of victim relief,we should strengthen the regulation of anti-monopoly law;in the future,with the development of science and technology represented by blockchain,the Internet platform operators as the monopoly subject will gradually decline,and the regulation of anti-monopoly law will also decline We should gradually move towards a modest position.However,in order to seize the market,platform operators will do whatever they can,so the anti unfair competition law should take a prominent position.The mixed characteristics of Internet economy are more important than the technicality as the precondition of Internet economy.The identification of subjective purpose elements embodied in "Internet specific terms" is also more complicated and difficult to be determined because of the mixed characteristics.Although the "Internet specific provisions" in the Anti Unfair Competition Law of 2017 stipulates theInternet unfair competition behavior,its declaration significance is far greater than the practical significance.It is necessary to build a dynamic analysis system to identify the new Internet unfair competition behavior with the help of the general provisions of the anti unfair competition law and relevant judicial practice.Generally speaking,this system should consider three factors: first,the interests of operators;second,the interests of consumers and public interests;third,the business ethics embodied in industry norms and technical norms.