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Anti-monopoly Regulation Of Internet Platform From The Perspective Of Leverage Effect

Posted on:2023-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:J Y HeFull Text:PDF
GTID:2556306830492424Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The leverage effect refers to that the operator transmits its monopoly power in one market to another market by specific means in order to obtain the dominant position in another market or produce the effect of extending monopoly power.Compared with traditional markets,the Internet market with obvious network cross externalities and normalized cross-border competition can realize the transmission of market power more easily.As an objective phenomenon of market power transfer,the leverage effect has certain influence on the definition of relevant markets and the determination of market dominance.At present,there are endless behaviors such as "choose one or choose one","self-preferential treatment","ban" and "strangling acquisition",which are in essence the use of leverage effect by platform operators.On the one hand,these behaviors are the means to maximize the use of platform competitive advantages,and on the other hand,they may bring potential monopoly risks.Therefore,it is necessary to make use of the anti-monopoly Law and other relevant systems and means to regulate the platform’s behavior of eliminating and restricting competition through leverage effect.From the perspective of leverage effect,the concept,basis,methods and means of platform anti-monopoly regulation are all challenged to varying degrees.First,the original regulation concept of "inclusive and prudent" is challenged in the context of Internet platform competition.Second,the basis of anti-monopoly regulation of competition on Internet platforms is not sufficient,which is reflected in the insufficient response of the current Antimonopoly Law to the leverage effect,the operability of anti-monopoly guidelines needs to be improved,and the lack of legal regulation on data processing behavior.Thirdly,the traditional anti-monopoly analysis method is difficult under the leverage effect.There are limitations in the method of defining the relevant market by the function of a single commodity,and it is difficult to identify the transmission of market power.In addition,it is urgent to reposition the theoretical function of conduction effect.Fourth,the current anti-monopoly supervision mode needs to be improved.The current anti-monopoly supervision mode of Internet platform is relatively single,and the supervision means do not match the demand of building benign competition platform.On the premise of drawing lessons from foreign advanced regulatory experience and combining the mechanism of conduction effect,anti-monopoly regulation of Internet platform can be improved from the following aspects: first,establish scientific and efficient supervision concept and strengthen anti-monopoly regulation of Internet platform;Second,strengthen the formulation of anti-monopoly rules on Internet platforms to provide a solid legal basis for the development of platform economy;The third is to improve the identification method of monopoly behavior,including the leverage effect as an important factor into the traditional anti-monopoly analysis framework;Fourth,innovate the way of competition supervision on Internet platforms,strengthen pre-supervision,and build an integrated anti-monopoly supervision chain on platforms.
Keywords/Search Tags:Leverage effect, Internet platform, Antitrust Law, Cross market competition
PDF Full Text Request
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