Research On Antitrust Regulation Of Concentration Of Undertaking Of Digital Copyright Platform Operators

Digital copyright refers to the copyright of digital works created or owned by authors or other rights holders.Digital copyright platform operators refer to operators that provide users with online distribution,communication,use,sharing,and other Internet interactive services for digital copyright works,including but not limited to music,movies,TV shows,games,etc.,such as Tencent Music Platform,iQiyi Long Video Platform,etc.Based on the interest or motivation to obtain copyright resources,platform operators choose to concentrate on enterprises with high-quality copyright resources to gain control or decisive influence over the targets,thus controlling the copyright resources of target companies.The concentration of digital copyright operators is characterized by the platform operator as the implementing subject,the purpose of obtaining copyright resources,and the ability to achieve upstream and downstream market integration effects.The motives for implementation are reflected in the development of the digital economy,the commercial value of copyright resources,and the benefits of concentration.Therefore,in the process of implementation and after implementation,there may be anti-competitive effects such as increasing market entry barriers,implementing collusive damage to competition,and suppressing artistic innovation and freedom of expression.Therefore,it is necessary for antitrust law to effectively regulate the concentration of digital copyright platform operators.Given the characteristics and motivations of concentration among digital copyright platform operators,the regulation of concentration among these operators should consider a comprehensive regulatory process including pre-merger notification,in-process review,and post-merger regulation.However,based on the current framework of antitrust laws and enforcement practices,the regulation of concentration among digital copyright platform operators faces challenges at each stage of pre-merger notification,in-process review,and post-merger regulation.Specifically,in the pre-merger notification stage,complex equity control structures present obstacles to determining the concentration of operators,and the turnover thresholds for notification do not accurately reflect the competitive position of digital copyright platform operators.In the in-process review stage,there are difficulties in defining relevant markets,and the aggregation of copyright resources complicates the assessment of competitive effects.In the post-merger regulation stage,the existing enforcement practice of lifting exclusive copyrights has limited regulatory effectiveness,and alternative remedies for concentration also present challenges.Additionally,the implementation and supervision mechanisms of antitrust enforcement need to be improved.Based on the analytical framework of traditional antitrust laws.the regulation of concentration among digital copyright platform operators poses challenges in pre-merger notification,in-process review,and post-merger regulation.In order to cope with the above difficulties and challenges,the paper puts forward a plan for improving the digital copyright platform and the concentration of undertakings one by one from the perspective of pre-declaration,interim review and ex post regulation.At the stage of prior declaration,it is advocated that the concentration of undertakings be identified based on the quantitative standards under the mixed mode,and the number of core works and the duration of proprietary rights shall be taken as the special declaration standards for the review of the concentration of undertakings on the digital copyright platform;at the stage of interim review,it is suggested that the relevant market be scientifically and flexibly defined according to the characteristics of copyright works and the competitive nature of copyright resources be fully considered.At the stage of post-regulation,the author puts forward that it is more accurate to compare the benefits of asset stripping in behavioral relief and structural relief rather than behavioral relief.