Research On The Legal Regulations Of The Abuse Of Market Dominance By Third-party Payment Platforms In China

The development of Internet technology has brought convenience to people’s lives.As a product of the combination of the Internet and payment,third-party payment has gradually integrated into people’s lives,becoming an important part of the cashless payment field.The rapidly expanding third-party payment market,like other markets,is gradually emerging as an oligopolistic market.As a result,monopolistic practices against oligopolistic third-party payment platforms have become the focus of current antitrust enforcement concerns.However,third-party payment platforms have the characteristics of bilateral market structure and payment settlement,making new features in the market dominance and specific monopoly behavior,increasing the difficulty of anti-monopoly enforcement.This paper analyzes the new characteristics of relevant market definition,market dominance recognition and abuse of dominant position in identifying the abuse of dominant position by third-party payment platforms,so as to provide new ideas for anti-monopoly law enforcement.Firstly,it introduces the current status of third-party payment platforms and the commercial behaviors involving monopoly,indicating that third-party payment platforms have the objective conditions to abuse the dominant market position.Secondly,a new division is made on the definition of the relevant market scope.It proposes to take the payment business of online banking and mobile banking into consideration,and define the relevant market scope differently according to the different industries and fields of payment services provided by the platform,instead of defining the whole third-party payment market.Thirdly,SSNDQ test method can be used to determine that the third-party payment platform has a dominant market position and consider market share,number of users,resource integration ability and other market factors suitable for the third-party payment platform.At the same time,it analyzes the possible abuse of the dominant market position of the third-party payment platform.Finally,it is suggested to specify relevant anti-monopoly provisions in a targeted way,and to grasp the new changes in the monopolistic behavior caused by the characteristics of third-party payment platforms in the process of law enforcement,so as to improve the law enforcement ability of anti-monopoly law enforcement agencies in the face of the new economy..