The Predicament Of Competition Law Regulation Of "choose One From Two" Behavior On E-commerce Platform And Its Improvement Path

with the rapid development of digital economy,the e-commerce platform either-or choice behavior is becoming more and more intense,which has a great negative impact on the economic and social.The e-commerce platform is the compulsory platform for the "two choice of one" means including explicit restricted trading mode and implicit restricted trading mode.The platform forces the merchants to choose one from two,which will not only limit the development of multi platform,damage the interests of platform consumers,but also have adverse effects on the fair competition of each platform.The lack of self-discipline awareness,the gap of platform capital strength and the poor supervision of relevant regulatory departments provide conditions for the "two choice and one" behavior of e-commerce platform.At present,the law of regulation of either-or choice behavior of e-commerce platform mainly focuses on the competition law fields such as anti-monopoly law,e-commerce law and anti improper competition law.For the anti-monopoly regulation of e-commerce platform,the article 14 and 17 of the anti-monopoly law are mainly applicable,which are respectively prohibiting the backwardness clause of vertical monopoly agreement and prohibiting operators with dominant market position from engaging in restricted transaction.Article 35 of the e-commerce law can also be applied to the "two choice and one" behavior of e-commerce platform,which undoubtedly belongs to the extension of prohibition of abuse of the system of comparative advantage in the field of e-commerce.The Anti Unfair Competition Law implemented in 2018 stipulates the article 12 of the Internet new unfair competition.However,the competition law cannot meet the expected goal in the process of restricting transaction behavior.These Provisions always face such difficulties in the implementation process.The anti-monopoly law and the e-commerce law are difficult to abuse the application of market dominance,the operation of the relevant provisions of the anti unfair competition law is poor,and the application of Article 35 of the e-commerce law lacks theoretical basis.The concept,system and practice of regulating either-or choice behavior by anti-monopoly law and unfair competition law are mainly originated from the country and region.Therefore,we can refer to the institutional practice of the United States,EU,Japan and Taiwan in China,and think that China can improve the regulation of competition law for either-or choice.The perfect path of the regulation of the e-commerce platform either-or choice behavior competition law includes the perfect path of the regulation of the either-or choice behavior competition law of e-commerce platform,clarifies the determination of the dominant position of the market in the anti-monopoly law,limits the interpretation of Article 35 of the e-commerce law,and improves the judicial application of the relevant provisions of the anti unfair competition law.