Antitrust Legal Regulations On Abuse Of Market Dominance By Digital Economy Platform Enterprise

With the rapid rise of digital economy,many platform enterprises involving different relevant markets have developed,and some platform enterprises have implemented a lot of abuse.However,due to the characteristics of network externality,path dependence effect,conduction effect and concealment of monopoly harm of digital economy,the traditional identification methods of abusing market dominant position fail,and the anti-monopoly regulation of law enforcement and judicial organs faces great difficulties.It is urgent to comprehensively improve the anti-monopoly regulation scheme of China’s digital economy platform enterprises according to the characteristics of digital economy and the experience of extraterritorial regulation.Theory and practice complement each other.Focusing on the important subject of anti-monopoly regulation of China’s digital economy platform enterprises abusing market dominant position,the first is to integrate the research methods of operational sociology and law and economics to analyze the characteristics of digital economy platform enterprises,monopoly theory and relevant theories of abusing market supporting position,and come to the conclusion that the relevant market definition methods and standards of China’s digital economy platform enterprises need to be improved The conclusion that the identification mechanism of market dominant position needs to be innovated and the identification logic of abuse needs to be extended.Secondly,through the horizontal comparative study of relevant laws and regulations of the United States,the European Union,Germany and Japan and relevant abuse case studies,we get the extraterritorial experience of the theory and practice of abuse regulation of many platform enterprises.Finally,with the support of rich theoretical and practical experience,this paper puts forward an anti-monopoly regulation scheme for the abuse of enterprises in China’s digital economy platform.The specific anti-monopoly regulation schemes are as follows: first,improve the legal system of digital economy platform enterprises abusing market dominant position macroscopically.Strengthen the application of legal principles in the anti-monopoly law according to the characteristics of digital economy,Timely add relevant laws or provisions for typical cases and effective experience,Timely update supporting regulations,judicial interpretations and guidance cases in combination with China’s development to ensure specific guidance at all levels.2 、 Micro optimization of digital economy platform and identification of enterprises abusing market dominant position 。 Due to the particularity of digital economy platform enterprises,it leads to the failure of abusing market dominant position.Therefore,it is necessary to improve the relevant market identification methods of digital economy platform enterprises and change the identification mechanism of market dominant position of digital economy platform enterprises 、 Optimize the exemption rules for abuse by enterprises on the digital economy platform.3 、 Strengthen the specific understanding and type regulation of platform enterprise abuse,Deepen the understanding of specific abuse behaviors clearly stipulated in laws and regulations,and strengthen the anti-monopoly regulation of other types of abuse behaviors.4、 In terms of organizational structure,improve the professional ability of antitrust regulators and judicial organs in the field of digital economy,and pay attention to the construction of professional talent team 、Conduct dynamic professional discussions,listen to professional opinions in time,and strengthen international cooperation,learning and exchange of antitrust institutions.