Research On The Regulation Of Internet Platform Blocking Behavior From The Perspective Of Competition La

Opening up between Internet platforms should have been the essence of the orderly development of the digital economy.However,in recent years,platforms have tended to adopt a "closed end chain" approach,imposing prohibitions on competitive platforms.This not only deviates from the original intent of Internet interconnection,but also brings a series of competition problems to the platform market.From the point of view of the implementation of the main body is basically in the platform market in the leading position of the mega platform,mainly to adhere to the platform’s "acre of land",refusing to access the products or services provided by foreign platforms,in order to maintain the dominant position of their own platform in the market.This also brings some discussions on whether the blocking by platforms is a legal act based on business autonomy or an illegal act with anti-competitive effect prohibited by competition law.The former believes that the platform should enjoy the right to dominate the internal area of the platform as an autonomous area,and has the right to choose the cooperation partners in the process of operation,and also the right to refuse the entry of a platform;the latter believes that the autonomy of operation is certainly an inalienable right of the market subject,but there is a limit to the freedom,and the impact of the blocking behavior on the market competition has exceeded the legitimate boundary of the right to independent decision-making,and should be given a Negative evaluation.In my opinion,because of the quasi-public property of the platform is given special value pursuit,in the market activities can not only consider their own interests,but to coordinate and integrate the interests of all parties in the platform,to maintain the platform market order,the implementation of banning behavior is against the spirit of the core of the Internet,and from the real situation,there is indeed a factual basis to disrupt the order of market competition,infringing on the interests of users and stifling market innovation,with It is necessary to be regulated by the competition law.As for platform blocking,from the analysis of the regulatory path of the anti-unfair competition law,the Internet-specific article is not applicable to this behavior,and it is reasonable to regulate this behavior by general provisions,but there is a defect of unclear connotation,so it is necessary to further clarify the business ethics and market effects to ensure the thoroughness of general provisions.From the analysis of the regulatory path of antitrust law,the traditional analysis paradigm has shown serious inappropriateness due to the multilateral market characteristics of the platform,network effect and the "free" business model,and in order not to fall into the prison of the traditional regulatory model,the traditional regulatory theory should be innovated to break through,and the determination of the platform status can skip the relevant In order not to be caught in the prison of traditional regulation model,we should make an innovative breakthrough in traditional regulation theory,the determination of platform status can skip the relevant market definition,moderately expand and adapt the "essential facilities theory" to regulate the blocking behavior,and can learn from the "gatekeeper" system of EU,introduce ex ante regulatory tools on the basis of ex post regulation model,fill the loopholes of ex post regulation,and realize the effective regulation of platform The system of "Gatekeeper" in the European Union can be used as a model for ex post regulation,and ex ante regulatory tools can be introduced to fill the loopholes of ex post regulation,so as to achieve effective regulation of blocking behavior on platforms.