| In the field of platform economy,platform enterprises often rely on their huge capital advantages to accelerate the pace of monopoly through low-cost subsidies.This seemingly common price competition strategy may not only affect the technological innovation and operation efficiency of the industry itself,but also reduce the overall resource allocation efficiency of social economy under certain conditions.Therefore,it is necessary to distinguish between legal price competition means and illegal predatory pricing behavior,so as to better control the chaos of price competition in the field of platform economy.However,the feature of the platform,such as the multilateral participants,cross network effect and non neutral price structure based on the characteristics of the platform bilateral market,make the predatory pricing behavior implemented by the platform enterprises present more complex forms than the predatory pricing in the traditional market.Therefore,in theory,there are many disputes like whether predatory pricing exists in the platform market,whether this behavior should be regulated and how to regulate it,which makes the legal regulation of this behavior face great dilemma.This paper holds that the characteristics of the Internet industry make it easier and more willing for Internet enterprises to implement predatory pricing,and this behavior intensifies the monopoly phenomenon in the field of Internet platform economy and seriously affects the effective competition and technological innovation of the Internet industry.Therefore,it needs to be accurately identified for effective regulation.In this regard,firstly,by clarifying the relevant concepts of Internet platform and predatory pricing,combined with the business model characteristics of Internet platform market,this paper deeply analyzes the predatory pricing behavior of Internet platform operators,expounds the legitimacy of regulating platform predatory pricing through antitrust law,and combs the theoretical views and judicial practice at home and abroad.This paper analyzes the specific difficulties and improvement methods of the identification of predatory pricing behavior of platform under the framework of antitrust law,and finally give some advice on the improvement of the legal regulation of platform predatory pricing in China.This paper mainly includes the following four parts:The first part expounds the current situation and problems of antitrust regulation of predatory pricing behavior of Internet platforms.Firstly,combined with the definition of traditional predatory pricing and the bilateral market characteristics of Internet platform enterprises,this paper defines the concept of platform predatory pricing behavior.Secondly,combined with the current situation of China,this paper analyses problems existing in the legal regulation of platform predatory pricing,including the dispute over the application of law and the difficulty of behavior identification.The second part discusses the legitimacy of regulating platform predatory pricing through antitrust law.Firstly,it analyzes the possible market solidification caused by predatory pricing under the platform mode.With the help of cross network effect and user locking effect,predatory pricing can further expand the market scale and strengthen entry barriers.Compared with traditional industries,its implementation is more likely to succeed.Secondly,it analyzes the possible competitive damage consequences of platform predatory pricing,mainly including crowding out competitors with the same efficiency,limiting consumers’ independent choice and inhibiting technological innovation in the platform market.Finally,by comparing the price law regulation,anti-unfair competition law regulation and anti-monopoly law regulation of platform predatory pricing,this paper expounds the rationality of antimonopoly law regulation of platform predatory pricing.The third part analyzes the identification rules of platform predatory pricing under the framework of antitrust law.Firstly,combined with foreign judicial practice,this paper analyzes the different value orientations reflected in the regulation of platform predatory pricing anti-monopoly law,as well as the different manifestations of behavior recognition rules under different value orientations.On this basis,it summarizes the specific identification factors of platform predatory pricing behavior,and analyzes the deficiencies in the existing identification rules.Finally,by learning from the development of extraterritorial theory and judicial practice,and combined with the characteristics of predatory pricing behavior under the platform model,this paper theoretically analyzes and improves the traditional identification methods.The fourth part gives some advice on the legal regulation of predatory pricing in China in view of the problems existing in the current legal system related to predatory pricing.This paper holds that,firstly,we should combine the particularity of Internet platform,clarify the concept and characteristics of predatory pricing behavior of platform,and reasonably distinguish the scope of regulation of price law and anti-monopoly law in legislation from the perspective of institutional connection.Secondly,we should uphold the multi value goal of the anti-monopoly law,continue to adhere to the principle of inclusive and prudent supervision in the era of strong platform supervision,and avoid excessive intervention or laissez faire in the predatory pricing of the platform;Finally,we should standardize the regulation path of anti-monopoly law in both pre and post aspects,clarify the identification factors and judgment logic of platform predatory pricing behavior,and strengthen the ex ante supervision system of this behavior. |
