Study On The Anti-monopoly Law Regulation Of "Two Choose One" Behavior In E-commerce Platforms ——Centering On The Identification Of Abuse Of Dominant Market Position

The development of the Internet platform economy is of great significance to the transformation and upgrading of China’s economic structure and rapid economic growth,China is currently in a critical period of platform economy development,and the "two choose one" behavior of e-commerce platform is a new phenomenon in the progress of development advantageous position in a short time.However,this kind of behavior will not damage the legitimate rights and interests of consumers and operators on the platform,but also damage the fair competition environment between platforms and the healthy development of the platform economy.The "two choose one" behavior of the e-commerce platform is a monopoly which should be regulated in the Anti-Monopoly Law.However,the current Anti-monopoly Law of China has some legal obstacles in regulating this behavior,which is not sufficient to solve the competition risk formed by the "two choose one" behavior of e-commerce platforms.Therefore,this paper focuses on the determination of the abuse of dominant market position and analyzes the problems related to the regulation of the "two choose one" behavior of e-commerce platforms in China’s Anti-monopoly Law,and proposes its own solutions to the dilemma of determining the subject,behavior and effect of the abuse of dominant market position in combination with the existing research results.This paper is divided into four parts,the main contents of each part are as follows:The first chapter is the introduction,which mainly introduces the research background,research significance,research methods,and research status quo of this paper,and provides a theoretical and practical basis for the research of the paper by analyzing and referring to the research results of domestic and foreign scholars.Highlighting the value of anti-monopoly law regulation of "two choose one" behavior of e-commerce platform.The second chapter is about the basic issues of the legal regulation of "two choose one" behavior of e-commerce platforms.Firstly,it introduces the concept and characteristics of e-commerce platforms and "two choose one" behavior,and understands their specific content and possible harm;secondly,it explains the necessity of legal regulation of "two choose one" behavior from the perspective of consumers,operators,platforms and platform economy;finally,it analyzes the theoretical basis of the regulation of anti-monopoly law of "two choose one" behavior,and provides theoretical guidance and basis for the analysis of the regulation of anti-monopoly law later on.The third chapter is the realistic dilemma of the anti-monopoly law regulation of the "two choose one" behavior of the e-commerce platform,which mainly analyzes the dilemma of the determination of the abuse of market dominance of the "two choose one" behavior of the e-commerce platform from three aspects: the subject element,the behavior element and the effect elements of the abuse of market dominance.Specifically,there are difficulties in identification of the relevant markets of determining subject and the dominant position in the market.In the identification of abusive behavior,there are two dilemmas: the difference of the identification principle and the lack of technical support,it is difficult to prove damage effect,difficult to justify reason and unscientific liability in the identification of behavior effect.The fourth chapter is about the countermeasures and suggestions for the anti-monopoly law regulation of the "two choose one" behavior of e-commerce platforms.Based on the aforementioned dilemma,the fourth chapter proposes feasible institutional suggestions to improve the abuse of market dominant system in view of the problems of the regulation of anti-monopoly law regulation problems.In view of the dilemma in the identification of actors,improve the relevant market identification rules and the identification rules of abusive behavior,the applicable principles of identification of abusive behavior and establishment of technical identification rules are clarified.In view of the dilemma of identifying the effect of behavior,it is necessary to rationally distribute the burden of proof,clarify the situation of legitimate reasons and establish a scientific responsibility system.