Antitrust Regulations On Below-cost Sales In The Platform Econom

In recent years,platform economy has been developing rapidly and playing an increasingly important role in economic life.While promoting rapid economic development,problems such as irregular development of platform operators and huge monopoly risks have gradually emerged.In China,Internet platforms commonly and frequently use "price war","burn subsidies" and other business strategies.In essence,they actually gain market share by selling below cost,so as to win competitive advantages.Under the ’low-price competition" business model,the competition between platforms is not about product quality or service quality,consumer welfare and economic efficiency,but more like capital competition.At present,China’s platform economy is thriving,the overall situation is good,but there are some outstanding problems.In the field of platform economy,there are some difficulties in regulating sales below cost,and it is doubtful that anti-monopoly law regulates sales below cost.In China’s current legal system,below-cost sales may not only constitute unfair competition behavior,but also suspected abuse of dominant market position in the anti-monopoly law.However,in the past legal practice,the regulation of low-price competition in the field of platform economy is mainly based on the price law,and no anti-monopoly law is applied The reasons are as follows:(1)the necessity of anti-monopoly law to regulate sub-cost sales in the field of platform economy is questionable;(2)the regulation standards and paths of predatory pricing in the field of platform economy are not clear and unified;(3)the law is cross-applicable.Based on the characteristics of platform economy,this paper discusses the regulation of below-cost sales in the field of platform economy from the Angle of anti-monopoly law,focusing on the necessity and feasibility of the regulation of below-cost sales in the field of platform economy by anti-monopoly law.Should the anti-monopoly law be applied to regulate the sub-cost sales of platform economy,from the perspective of the anti-monopoly law,the anti-monopoly problem of platform economy should return to the identification and analysis level of the existing legal system The characteristics of platform economy challenge the traditional analysis framework of anti-monopoly law.For example,the price factor in relevant market definition is significantly weakened,and the applicability of quantitative analysis method based on price factor is reduced The dynamic competition of platform economy is significant,which weakens the role of market share in judging market dominance.The technology and innovation of platform operators make the above-cost price even achieve the purpose of predatory pricing,and the price-cost standard is questioned.However,the basic analysis framework of anti-monopoly law has not been completely overturned,the relevant market definition still cannot be avoided,market dominance is still the core element.In order to meet the challenges of platform economy,it is necessary to return to demand substitution analysis to define relevant markets,improve price factors and highlight commodity function factors.The market share is both volatile and unstable,and the determination of market dominance needs to consider new factors such as user viscosity and entry barrier based on the industry characteristics and competition conditions of relevant markets.At the same time,multi-factor evaluation should be used to replace costprice methodIn order to carry out anti-monopoly in the field of platform economy,it is necessary to make preliminary analysis and basic judgment on the development of platform economy.Below cost sales itself does not have illegality,but in the network platform economy effect and the effects of bilateral market,scale effect,lock and conduction effect,under the action of platform operators have used cheap means to obtain a dominant market position,abuse of dominant position and first mover advantage,entered the stage of sprawl across the savage growth stage.The main trend of the development of platform economy is winner-takes-all and one monopoly.Large platforms squeeze small and medium-sized enterprises,exclude and restrict competitors,operate across borders and markets,and constantly improve market concentration by means of low prices.Low-price competition has seriously disturbed the market free competition order and destroyed the market structure.In response,we need both improved legal techniques and an adjustment of principles and philosophies.The application of new business model and technological innovation changes the form and content of monopoly behavior,and the entity system should be adjusted in time to keep pace with The Times.The reason for the selection and application of the Anti-monopoly Law and other legal norms is that the essential attribute and specific competitive effect of below-cost sales in the field of platform economy have not been fully grasped.In the field of platform economy,sub-cost sales have diversified anti-competitive effects,and the value of anti-monopoly law needs to be expanded Considering the characteristics and requirements of China’s platform economy competition development,China’s anti-monopoly law policy stance and the degree of leniency need to be adjusted in time.Relevant laws and regulations should be amended and improved legislatively,so as to make different department laws connect,apply,coordinate and unify,so as to avoid vague and extra-legal laws,so as to form a complete,clear and continuously improved regulation path for lower than cost sales in the field of platform economy.