Research On Legal Regulation Of Exclusive Trading On E-commerce Platform

In recent years,with the progress of network technology,the Internet economy is surging,e-commerce ushered in a new wind.E-commerce operators operating in the way of virtual shopping platform,relying on the accumulation of consumer resources,make each major e-commerce platform with scale suppress each other.This also shows that with the initial continuous development and gradual integration of e-commerce economy,the free competition model has gradually evolved into a monopoly competition model,so many e-commerce platform operators have gradually conducted exclusive transactions.In recent years,in order to adapt to the development of economic times and better stop the phenomenon of exclusive transactions on e-commerce platforms,the state authorities have continuously issued a lot of corresponding laws and regulations.Nevertheless,the platform economy domain exclusive trade behavior still repeatedly prohibit not only.Therefore,it is urgent to study the regulation of exclusive transaction on e-commerce platform.In addition to the introduction and conclusion,the main body of the text is composed of four parts.The first part--exclusive transaction overview of e-commerce platform.This part of the first exclusive deal "traditional" and "electric business platform sole trade" to illustrate the definition respectively,and then through traditional exclusive deal with exclusive electric business platform trading contrast,summarizes the electric business platform exclusive deals with traditional exclusive deals,respectively,in the main body,force method and form of agreement.The second part--analysis of illegality of exclusive transaction on e-commerce platform.Firstly,it analyzes the illegal elements of the exclusive transaction of the e-commerce platform to judge whether the exclusive transaction of the e-commerce platform has the purpose of restricting competition and whether it has caused substantial damage to the competition.Then it makes a concrete analysis of the illegal nature of the exclusive transaction on the e-commerce platform,and sorts out the constituent elements of the vertical monopoly agreement,unreasonable use of market control position and unfair competition.The third part--the current situation of legal regulation on exclusive transaction of e-commerce platform.This part first analyzes the legislation,law enforcement and judicial practice of exclusive transactions on e-commerce platforms,and finds out the shortcomings of relevant laws and regulations as well as the difficulties faced by law enforcement and judicial regulations.The fourth part--the legal regulation of exclusive transaction of e-commerce platform.First of all,it draws lessons from foreign experience in exclusive transaction regulation,and puts forward perfect suggestions on the existing laws and regulations of exclusive transaction on e-commerce platforms in China and their conflicts in application.Then,it puts forward perfect suggestions on law enforcement and judicial regulation of e-commerce platforms.