Research On Anti-monopoly Regulations Of Internet Platform Enterprises Abusing Comparative Advantage Position

The theory of abuse of relative market superiority originated in Germany,and was gradually adopted and incorporated into legislation by the United States,Japan,and Taiwan in China,but China has not paid enough attention to it.However,with the development of the Internet platform economy,the abuse of comparative advantage seems to "glow a new life".Because of the strong demand for the number of users,the counterparty to the transaction usually has a strong dependence on the Internet platform.It is a relatively weak party in cooperation.If they encounter unreasonable requirements such as forced trading and forced selection of the platform by the other party,the counterpart lacks chips for fair trading.The only option available is being forced to accept or exit the platform.In the long run,such behavior will not only directly harm the interests of counterparties in the transaction,but also may cause serious damage to the entire Internet platform economy based on the cross-border nature and harmful spread of Internet market behavior.Coupled with the effects of the Internet economy’s technology,bilateral marketability,and user lock-in effects,the abuse of comparative advantage by Internet platform companies has become more complex and more subtle,which has led to difficulties in identification and regulation of the market behavior.At the same time,this dilemma will have a negative incentive effect,which will significantly increase the enthusiasm of Internet platform companies for the abuse of their comparative advantage,and continue to deepen the damage to relative trader interests,consumer rights,and market competition order.Regrettably,China currently lacks a clear regulatory approach to abuse of comparative advantage,whether in legislation,law enforcement,or the judiciary,let alone effectively regulate Internet platform companies’ abuse of comparative advantage.Therefore,it is urgent to strengthen the theoretical and practical research on the anti-monopoly regulation of Internet platform companies abusing their comparative advantages.This article starts with the research on the "two-sided marketability of the Internet economy" and "dependence factors" and other related theories,and follows the analysis pathof "finding the problem → analyzing the problem → solving the problem" to study the abuse of comparative advantage status of Internet platform companies.The research on anti-monopoly regulations of Internet platform companies abusing their comparative advantage position provides a feasible way.In addition to the introduction and conclusion,the article is mainly composed of the following four parts:The first part: the definition of the abuse of comparative advantage by Internet platform enterprises.First,the related concepts involved in the abuse of comparative advantage by Internet platform companies are introduced.Secondly,it analyzes the connection and difference between it and the abuse of market dominance of Internet platform enterprises.Third,find out the characteristics of Internet platform companies abusing their comparative advantage.Finally,the types of abuse of comparative advantage by Internet platform companies are summarized.The second part: Reasons for anti-monopoly regulations of Internet platform companies abusing their comparative advantage.First of all,the necessity of anti-monopoly law to regulate it is demonstrated through the abuse of the comparative advantage of Internet platform enterprises,which will harm the interests of the transaction parties,infringe on the legitimate rights and interests of consumers,and destroy a good competitive environment.Secondly,after comparing the advantages and disadvantages of being regulated by civil law or competition regulations,and being regulated by anti-unfair competition laws or anti-monopoly regulations,it is proved that their regulatory objectives are more consistent with the intent of anti-monopoly laws and the application of anti-monopoly regulations Operability,which provides theoretical support for the rationality of antitrust regulations.The third part: Difficulties faced when antitrust regulates the behavior that Chinese Internet platform companies abusing their comparative advantage.The analysis is mainly carried out from the aspects of the basis of the antitrust law,the burden of proof,and the legal liability system.In terms of identification,there are problems in determining comparative advantage and difficulty in abusing behavior.With regard to the burden of proof system,itwas found that the plaintiff’s burden of proof was difficult and the facts related to the distribution of evidence were unreasonable.With regard to the legal liability system,there are the problems,such as narrowing the scope of the subject of liability,administrative liability to be adjusted,incomplete civil liability,and criminal liability are nearly pointed out.The fourth part: countermeasures against China’s Internet platform companies abusing their comparative advantages.First,determine the antitrust law’s identification regulatory model,and propose to establish a special fund in the antitrust law to provide a clear legal basis for regulating the monopoly behavior.Second,construct a reasonable system of burden of proof,increase the subjective initiative of the harmed party,and give play to the effectiveness of private litigation in the antitrust law.Finally,perfect the legal liability system,raise the standard of administrative punishment,supplement the content of civil liability,increase the form of criminal liability,and strengthen the deterrent nature of the antitrust law.The antitrust law will be used to combat and regulate the abuse of comparative advantage by Internet platform enterprises in a comprehensive and multi-channel way,and ultimately achieve the purpose of protecting the interests of vulnerable parties,relieving consumers of their legitimate rights and interests,and maintaining fair market competition.