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Research On Anti-monopoly Law Regulation Of The Abuse Of Market Dominant Position By E-commerce Platform Operators

Posted on:2022-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2506306722959619Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As a new economic business mode,e-commerce platform economy plays an important role in the development of the national economy.With the vigorous and rapid development of e-commerce platforms,the competition among platforms is becoming increasingly fierce.Competition is dynamic and rapid at the same time,and the oligarchic pattern is gradually emerging.In order to consolidate or strengthen the existing market position,e-commerce platform operators are prone to abuse the dominant market position to carry out behaviors that hinder the free competition in the market and damage the legitimate interests of operators and consumers in the platform.At present,the "two choice" behavior of the e-commerce platform happens from time to time,which needs to be regulated and constrained by supporting anti-monopoly laws and regulations.As an economic model in the field of new business forms,the unique characteristics of e-commerce platform have brought challenges to the traditional identification methods of abusing the dominant market position.In 2020,the state proposed a revision of the current Anti-Monopoly Law,introducing new considerations.Recently,the Anti-Monopoly Guide in the Field of Platform Economy has made detailed provisions on the identification of all kinds of Internet abuse of dominant market position,and provided a reasonable defense of "just cause",which reflects the inclusive,prudent and innovative attitude of the state towards the field of Internet economy.However,there are still some problems in the existing legal system of e-commerce platforms,which are worthy of in-depth discussion and revision.There are five chapters in this paper.The first part of this paper is the introduction.The main content is the background of the topic and the significance of the writing.Combined with the research situation at home and abroad,the paper briefly summarizes the relevant market definition,the identification of the dominant market position and the research on the regulation of the behavior of abusing the dominant position in the Internet field,and expounds the research focus,innovation and application methods of this paper.The second part describes the business model and competition particularity of China's e-commerce platforms,paving the way for the difficulties in the identification of the abuse of dominant market position.The third part mainly describes the current e-commerce platform operators abuse the dominant position of the market behavior types,harm and legal application.The fourth part analyzes the operational difficulties of the general methods of regulating the abuse of dominant market position by e-commerce platforms,as well as the positive significance and shortcomings of the revised draft of the Anti-Monopoly Law and the Platform Anti-Monopoly Guide issued by the legislative department based on the research of the academic and practical circles.The fifth part explores the principles of perfecting the legal system that stipulates the abuse of dominant market position by e-commerce platforms in China,and puts forward suggestions on perfecting the legal regulation on this basis.
Keywords/Search Tags:e-commerce platform operator, Abuse of dominant market position, The anti-monopoly, Platform "choose one of two"
PDF Full Text Request
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