| The scale of Internet digital platforms is huge,and they hold important core data of the entire digital market.In the digital platform market characterized by economies of scale,network effects,and natural monopoly,a considerable number of Internet digital platforms have already achieved market dominance and abused their market dominance.The self-preferential behavior of Internet platforms undermines the order of free market competition and damages the welfare of consumers,and should be one of the regulated behaviors of the Anti-Monopoly Law.Judging from my country’s regulatory experience,my country’s anti-monopoly law enforcement agencies emphasize ex-ante supervision rather than ex-post supervision.At the same time,because self-preferential treatment is a new problem,there are still a series of defects in the regulation of self-preferential treatment in my country’s anti-monopoly law.For example,the specific manifestations of self-preferential behavior,whether selfpreferential behavior is an abuse of market dominance,vague specific standards for defining relevant markets,and incomplete factors for identifying platforms with market dominance are still hindering the anti-monopoly law to regulate self-preferentiality.Behavior.According to the spirit of "strengthening anti-monopoly and preventing the disorderly expansion of capital" proposed at the Central Economic Work Conference on December 28,2020,it should be considered that the era of strong supervision in my country’s anti-monopoly field has come.Therefore,the anti-monopoly law needs to be matched with the stricter anti-monopoly law enforcement of digital economy platforms in recent years.By continuously improving the anti-monopoly law,clarifying the method of defining the relevant market,incorporating self-preferential behavior into the behavior of abusing market dominance,increasing self-esteem Preferential treatment is one of the types of behaviors that abuse market dominance.The burden of proof in litigation should be allocated reasonably,and a sound platform supervision mechanism should be established to provide theoretical guidance and legal support for the normalization of Internet platform supervision and the stricter law enforcement. |
