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

Posted on:2022-12-07Degree:MasterType:Thesis
Country:ChinaCandidate:S ZhaoFull Text:PDF
GTID:2506306782489364Subject:Economy Law
Abstract/Summary:PDF Full Text Request
Platform economy is a new economic model that relies on digital technology to carry out business activities,At present,it has become a new engine to promote the continuous development of the global economy.But at the same time,we should also recognize that platform economy is a complex economic form,It is mainly reflected in the platform's use of capital advantages and rule control,Rely on data and algorithms to gain competitive advantage,Make it appear monopoly phenomenon in many fields.Among them,the "two-for-one" implemented by e-commerce platform operators to strive for user resources is a typical means of competition,This means of competition not only damages the legitimate rights and interests of consumers,It also disrupted the order of market competition.At present,the most effective law regulating this behavior is the anti-monopoly law,However,in the process of practical application,the law is faced with many problems,such as high application threshold,great difficulty in adducing evidence and so on.This paper analyzes the problems encountered by the "two-for-one" behavior of e-commerce platform under the regulation of vertical monopoly agreement and abuse of market dominant position,and puts forward feasible improvement ideas in order to better regulate the "two-for-one" behavior,strengthen anti-monopoly regulation,prevent the disorderly expansion of capital and promote the sustainable and healthy development of platform economy.In addition to the introduction and conclusion,this paper is divided into four chapters:The first chapter expounds the regulatory basis and current situation of "two-for-one" behavior of e-commerce platform.Mainly include characteristics of digital platform,The manifestation of "two-for-one" behavior,the essence of behavior and the competitive effect of behavior,These factors will have an important impact on the anti-monopoly law regulation of the "two-for-one" behavior of the current e-commerce platform.The second chapter explains the difficulties faced when applying the rules of abuse of market dominant position to regulate the "two-for-one" behavior,It mainly includes the difficulties in defining the relevant market and the difficulties in determining the dominant position of the market.The third chapter explains the limitations of the vertical monopoly agreement rules in regulating the "one out of two" behavior of e-commerce platforms,This paper analyzes the legal and practical obstacles to the application of the disclosure clause.On the basis of the previous discussion,the fourth chapter starts from two aspects: improving the anti-monopoly law system and strengthening law enforcement supervision,so as to achieve the purpose of systematically standardizing the "two-for-one" behavior.Specifically,from the perspective of abusing market dominant position,improve the relevant market definition methods and the identification elements of market dominant position;From the perspective of vertical monopoly agreement,it is clear to include exclusive transactions into the type of agreement and expand the scope of application subjects.In terms of antitrust supervision,we should pursue the principle of positive inclusive and prudent supervision,and strengthen pre-set antitrust supervision measures.
Keywords/Search Tags:E-commerce platform, "Two-for-one" behavior, Abuse of market dominant position, Vertical monopoly agreement, Anti-monopoly regulation
PDF Full Text Request
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