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Research On Anti-monopoly Laws And Regulations For Exclusive Transactions On E-commerce Platforms

Posted on:2022-07-07Degree:MasterType:Thesis
Country:ChinaCandidate:Z D WangFull Text:PDF
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A fair and free market competition environment is the prerequisite and condition for operators to carry out effective competition and realize the optimal allocation of resources by the market.However,in recent years,with the rapid development of the platform economy,it is not uncommon for e-commerce platforms to implement exclusive transactions.The behavior of e-commerce platforms has broken the market environment of free competition and disrupted the good market economic order.From the 2017 JD v.Tmall abuse of market dominance case to the 2021 "Anti-Monopoly Guidelines in the Field of Platform Economy",my country's regulation of platform monopoly behavior has gone through four years,and e-commerce platform monopoly behavior has gradually been swayed by the state.Pay attention to the fact that the regulation of exclusive transactions on e-commerce platforms has gradually become a social focus issue.Compared with traditional monopolies,e-commerce platforms have the characteristics of bilateral markets,network externalities,and consumer lock-in effects,which make it more complicated to regulate the exclusive transaction behavior of e-commerce platforms.Although the exclusive transaction behavior of the e-commerce platform has a positive effect to a certain extent,it will eventually damage the welfare of consumers,wear down the enthusiasm of the enterprise's production and operation,and disrupt the normal market economic order.In view of this,it is necessary to regulate the exclusive transaction behavior of e-commerce platforms,whether from the perspective of consumers or from the perspective of enterprises and social economy.At present,there are no litigation judgments due to the exclusive transaction behavior of ecommerce platforms.The only laws that can effectively regulate the exclusive transaction behavior of e-commerce platforms are the "Anti-Monopoly Law" and the "Anti-Monopoly Law" and the "Anti-Monopoly Law" issued in 2021.Monopoly Guidelines,which reflects the lack of sound laws and lack of practical experience in regulating platform monopoly behavior in China at the emergence stage.The main manifestations are as follows: First,the "AntiMonopoly Law" has gaps in the regulation of Internet economic monopoly behavior,and the"About The Anti-Monopoly Guidelines in the Field of Platform Economy have a rather vague identification of exclusive transactions,and lack of sound legal regulations governing exclusive transactions;second,there is an incomplete understanding of the justification of exclusive transactions on e-commerce platforms and the illegality of platform behaviors This has become a major difficulty in the adjudication process;thirdly,all Internet antitrust cases have lost,the main reason is that the plaintiff's burden of proof is too heavy,and the secondary reason is that the proof standard is vague;fourth,there is a responsibility system for exclusive transactions in practice.Insufficiency issues,such as inadequate supervision of law enforcement agencies,there is a lack of relief for right holders.To solve the problems in the exclusive transaction process of the e-commerce platform,it is also necessary to return to the characteristics of the e-commerce economy.The author proposes to combine the characteristics of the e-commerce economy to realize the regulation of platform exclusive transaction behavior from the following four aspects: First,improve the regulations on the regulation of platform monopoly behavior in the "Anti-Monopoly Law",and construct the "Anti-monopoly Guidelines on the Platform Economy Field",so that there are laws to regulate platform monopolistic behavior;second,analyze whether the platform's behavior is illegal based on the purpose and results of the platform's exclusive transaction behavior,and determine whether the e-commerce platform's behavior is justified.Can be exempted from punishment;third,adopt the partial transfer rule of the burden of proof to clarify the status of the market subject information provided by the authority in the evidence rules,and strengthen the proof standard to achieve judicial fairness and justice;fourth,strengthen the accountability of monopolistic behavior Optimize the anti-monopoly supervision mechanism of e-commerce platforms,build a public interest litigation system under the anti-monopoly law,and protect the interests of the infringed in exclusive transactions.
Keywords/Search Tags:E-commerce platform, Exclusive transaction, Monopolistic behavior, Anti-monopoly law, Regulate
PDF Full Text Request
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