Internet Platform "Choose One" Behavior Regulatory Path

The “choose one” behavior of the Internet platform can be summarized as:the platform restricts the operations of the operators on the platform on other platforms,that is,the platform operators require the operators on the platform to only provide goods or services on the platform,and it is prohibited or In a disguised form,operators on the platform are prohibited from carrying out business activities on other platforms.However,there is no clear legal concept for the “choose one of two” behavior on the Internet platform.Therefore,it also raises three main issues:the legal characterization of the behavior,the application of law,and the choice of regulatory path.This paper is divided into four parts,except for the introduction and conclusion,the main content of each part is as follows;The first part is the basic issue of the "choose one" behavior of the Internet platform.By summarizing the hot discussion behaviors of Internet platforms in the past three years,it summarizes the problems caused by the Internet platform "choosing one",specifically the legal qualitative issues of the Internet platform "choosing one" behavior,legal application issues and regulatory path selection problem.First,use economic analysis to determine the relationship between exclusive transactions in traditional fields and "choose one" behavior on Internet platforms;secondly,summarize court judgments and administrative penalty decisions on exclusive transactions in traditional fields and "choose one" behavior on Internet platforms.;Thirdly,through the summary of the judgments and administrative penalty decisions disclosed,summarize the common characteristics and distinguishing characteristics of the exclusive transaction behavior in the traditional field and the "two-choice" behavior of the Internet platform;finally,through the above common characteristics and distinguishing characteristics,the Internet platform The behavior of "choose one out of two" is legally qualitative.The second part is the path analysis of the monopoly behavior of the Internet platform "choose one" behavior.First of all,from the perspective of vertical monopoly agreement,we analyze whether this behavior is applicable to vertical monopoly agreement.The focus is on whether the behavior meets the requirements of vertical monopoly agreement,especially whether the behavior meets the content of vertical monopoly agreement.This requirement must be judged and related to abuse of market dominance.Positional behavioral competition and cooperation relationship;secondly,through the perspective of abuse of market dominance,analyze whether the behavior is applicable to the restricted trading behavior of abuse of market dominance.The focus is on whether the behavior meets the constitutive requirements of abuse of market dominance,and pay particular attention to the relevant market and the behavior.The market dominance in the relevant market must be judged.The third part is the analysis of other behavior paths of Internet platform "choose one" behavior.First of all,from the perspective of the "E-Commerce Law",that is,in the face of the "choose one" behavior of Internet platforms,whether Article 35 of the "E-Commerce Law" can be applied and the main issues when it is applied,the focus is on the composition of Article 35 of the "E-Commerce Law" In particular,pay attention to the criteria for determining “unreasonable”;secondly,from the perspective of the Anti-Unfair Competition Law,on the one hand,it analyzes the “choose one” behavior of the Internet platform through the general terms of the behavior constituency,focusing on the judgment of impropriety and damage consequences On the other hand,analyzing the behavior through the constitutive elements of the Internet special funds,focusing on the use of technical means,the form of expression,and the judgment of the consequences of damage;finally,judging the application relationship of the three paths,focusing on whether there is a general law and a special law relationship,whether or not Apply independently of each other.The fourth part is the choice of the Internet platform "choose one" behavior regulation path.First,from the perspective of the right subject’s judicial remedy indirectly regulating the Internet platform’s “choose one” behavior,based on practical cases and the difficulty of the burden of proof,how to use judicial and administrative relief for the right subject,and which legal clause to choose For the basis of analysis and discussion;secondly,to the anti-monopoly law enforcement agencies use Articles 14 and 17 of the Anti-Monopoly Law,Articles 2 and 12 of the Anti-Unfair Competition Law,and Article 35 of the E-Commerce Law Carry out the identification of the Internet platform’s "choose one" behavior and make suggestions when faced with problems.