Antitrust Regulation Of The Most Favored Nation Treatment Clause In The Internet Market

This article aims to resolve the antitrust enforcement disputes of the most-favored-nation treatment clauses in the Internet market.Through extraterritorial law enforcement case analysis,this article explains the special characteristics of these types of clauses that are different from traditional monopoly agreements.After the agreement nature of the most-favored-nation treatment clauses in the market,creatively propose paths and methods for analyzing the competitive effects of such clauses,and put forward suggestions for improving the relevant systems of law enforcement and judicial practice,so as to improve the quality and efficiency of antitrust enforcement and justice.Following this logic,in addition to the introduction and conclusion,this article consists of the following four chapters.The first chapter is "Overview of Most Favored Nation Treatment Clauses in the Internet Market".First of all,this chapter starts from the concept of the most-favored-nation treatment clause and extends its meaning of international economic law to the level of international antitrust law.It expounds the specific meaning of the most-favored nation treatment clause in the field of the Internet market,thereby laying a foundation for the following discussion.Then,according to EU antitrust enforcement practices,the most-favoured-nation treatment provisions in the Internet market are divided into the most-favoured-nation treatment provisions in the narrow Internet market and the most-favoured-nation treatment provisions in the broad Internet market.In addition,this chapter analyzes the negative and positive competition effects that most-favoured-nation treatment clauses in the Internet market may cause.This chapter elaborates the specific connotation of the most-favored-nation treatment clause in the Internet market and may lead to competition effects,and lays a theoretical foundation for the subsequent analysis and demonstration.The second chapter is "the status of legislation and enforcement of antitrust regulations in the most favored nation treatment clauses of the Internet market." This chapter is divided into two levels of legislation and law enforcement.In terms of legislation,first introduces the EU and Germany's anti-competitive agreement regulation system,then introduces the US anti-monopoly legislation,and finally introduces China's legislative system against monopoly agreements.At the level of law enforcement,the influential US Apple e Book case,the EU's Booking.com hotel reservation case,and the HRS case were introduced in chronological order.The analysis ideas and analysis of the most-favored-nation treatment provisions of the Internet market by their law enforcement agencies and judicial agencies The results of law enforcement,combined with a large number of foreign scholars' discussions on this series of cases,summed up the cleverness and needs to be improved in handling such cases outside the region.In addition,although there is no MFN clause in the Internet market in China,the MFN clause has already occurred in practice and has been punished by antitrust law enforcement agencies,such as the Loudi Insurance Monopoly Agreement case and the Eastman case.A certain analysis and summary were carried out.The third chapter is "A Survey of the Path of Anti-monopoly Regulation of the Most-Favoured-Nation Treatment Clauses in the Internet Market".Through the analysis of Chapter 2 on the legislation and enforcement of anti-monopoly regulations in the most-favored-nation treatment clauses in the online market,we summarize the obstacles and deficiencies in legislation and enforcement.The ambiguity and uncertainty of legislation,the particularity and complexity of the Internet market have led to the uncertainty of law enforcement.This chapter demonstrates the path selection of anti-monopoly regulation on the most-favored-nation treatment clauses in the Internet market from three aspects: the lack of regulation in this clause,the ambiguity of the nature of the agreement and the particularity and complexity of the Internet market.The fourth chapter is "Proposals to Improve Anti-Monopoly Regulations in the Most-Favoured-Nation Treatment Clause of the Internet Market".This chapter makes suggestions on anti-monopoly legislation,law enforcement and judicial activities from three aspects: clarifying the nature of the clause,exploring the path for analyzing the competition effect of the clause,and how to improve the efficiency of anti-monopoly law enforcement and justice.First,for the dual monopoly agreement recognition model of horizontal monopoly agreement and vertical monopoly agreement,general terms of monopoly agreement should be formulated to solve the disadvantages caused by this model;Starting from the analysis of the legislative model,the path of analysis of the competitive effect of the most-favored-nation treatment clauses in the Internet market can be divided into three stages in the logical order: fact determination,illegality analysis and exemption system considerations.To improve antitrust law enforcement and judicial efficiency,in antitrust civil litigation,based on the litigation strength and fairness of both parties,the principle of inversion of burden of proof should be adopted.