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Anti-monopoly Regulation Of "Two-for-one" Behavior Of E-commerce Platform

Posted on:2022-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:M J WangFull Text:PDF
GTID:2506306725462064Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years,the development of e-commerce is strong,and the oligopoly structure of e-commerce platform is becoming more and more obvious.At the same time,the "two-for-one" behavior of e-commerce platform is constantly staged in various fields.Although the behavior of " two-for-one " has existed for many years in China,it has not been effectively regulated so far.In this regard,the author intends to make a comprehensive analysis of the behavior,explore its essence,and on this basis,with the help of the upsurge of the revision of China's "anti-monopoly law",put forward suggestions on the regulation of " two-for-one " behavior of e-commerce platform from three aspects of legislation,law enforcement and justice.The first chapter of this paper mainly analyzes the causes of the " two-for-one " behavior of e-commerce platform by combining the three characteristics of e-commerce platform,such as bilateralness,dynamism and dual identity,and explores the root causes of its occurrence.On this basis,it expounds what kind of negative impact the " two-for-one " behavior will bring to the market competition,so as to show that regulating the " two-for-one" behavior of e-commerce platform is imperative.The second chapter is mainly around anti-monopoly law regulation limits of the e-commerce platform " two-for-one " behavior to explain.Since this paper mainly discusses the anti-monopoly law regulation of " two-for-one " behavior,it is necessary to analyze the mainstream law which can be used as the basis of " two-for-one" behavior in China's current legal framework,so as to find the legal defects.Specifically,the author first analyzes the relevant provisions of China's "e-commerce law".Article 35 can be used to regulate " two-for-one" behavior,and the "two-for-one" behavior in the regulation of "e-commerce law" should meet three conditions: 1.It occurs in the field of e-commerce;2.The behavior is "unreasonable";3.It damages the trading freedom of operators in the platform.Secondly,through the analysis of China's Anti Unfair Competition Law,Article 12 can be used to regulate the " two-for-one" behavior,and the " two-for-one" behavior in the China's Anti Unfair Competition Law should meet four conditions: 1.The subjective aspect of the actor is "malignant";2.The behavior is technical;3.The damage result is obstructive or destructive;4.The behavior is suspected of damage fair competition order.Finally,it analyzes the current "anti-monopoly law",which can be used to regulate the "two-for-one" behavior in articles 14 and 17,namely vertical monopoly agreement and abuse of market dominant position.Through the above analysis,it is obvious that there are legal loopholes in China's current law,that is,if a certain act does not meet the constitutive requirements of the above-mentioned law,how to deal with it?Therefore,in this chapter,the author tries to clarify the regulatory ideas of "two-for-one" behavior,and pave the way for the introduction of the abuse of comparative advantage system in the "anti-monopoly law" below.In the third chapter,the author puts forward that the system of abusing comparative advantage should be introduced from the legislative level in view of the shortcomings of the current legal system in regulating " two-for-one" behavior.In this way,the problem of defining the Internet related market can be avoided,and the establishment of comparative advantage can be determined only by considering the dependence in the case,which can make up for the current situation and make full use of the function of competition law as "economic constitution".On this basis,the author puts forward some ideas on the specific construction in the third section of the third chapter.In the fourth chapter,the author mainly puts forward the thinking from the two aspects of law enforcement and judicature,and thinks that in the aspect of law enforcement,the supervision concept should be transformed,and the anti-monopoly law enforcement agencies should pay attention to the pre supervision mode and the penetrating supervision mode.At the judicial level,the judicial organs should reconstruct the distribution system of the burden of proof in the anti-monopoly litigation,and also bring the " two-for-one" behavior into the anti-monopoly public interest litigation,so as to improve the enthusiasm of the groups who are infringed by the monopoly behavior to take up legal weapons to safeguard their legitimate rights and interests,so as to provide an effective way for the anti-monopoly law regulation of the " two-for-one" behavior of China's e-commerce platform.
Keywords/Search Tags:e-commerce platform, "two-for-one" behavior, abuse of comparative advantage, antitrust public interest litigation
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