Research On The Identification Of The "two-choice-one" Monopoly Behavior Of E-commerce Platform

With the rapid development of e-commerce platform,the phenomenon of "one monopoly" in the field of e-commerce platform is getting worse and worse,followed by one after another phenomenon of restricted transactions.In the Internet industry."choose one from the other" seems to be an endless topic.In the wave of Intemet revolution with continuous imnovation and development,the e-commerce plat form has gradually replaced the traditional trading methods in many ways:promoted more optimization of resource allocation and expanded the developm ent scale of the whole social economy.Some scholars believe that it is the general trend to embrace e-commerce and realize cross-platform open cooperation:and we should change the hard-to-choose "one of two choices" into "one of two choices" for mutual benefit and win-win.However,most scholars believe that restricting transactions is mew thom in the digital age:which damages the independent managem ent right of businesses and consumers’ independent choices.The state has also continuously issued opinions to supervise and manage online transactions.With the continuous emergence of negative news of "one of two" in e-commerce platform in recent years,the legal identification of this behavior has attracted more and more attention from theoretical and pricti cal circles.Therefore,it is necessary to study the ways and methods of identifying the restricted trading behavior.The core issue of this paper is how to apply it to the emerging field of e-commerce platform based on the analysis of the traditional identification methods of abusing market dominance.Combined with the domestic and foreign ways to identify the abuse of market dominance,based on fully affming the existing normative analysis paradigm:this paper tries to find the fitting point with the new platform adjustment:so as to make it is suitable is possible for the monopoly identification of the restricted trading behavior of e-commerce platform:and Finally achieve the balance between anti-monopoly regulation and healthy market competition.The First chapter of this paper is divided into three parts.In the first part,the characteristics and natrue of "choose one or two" behavior of e-commerce platform are summarized,the characteristics and manifestations of e-commerce platform are described first:and then the nature of "choose one or two" behavior of e-commerce platform is introduced.The second part and the third part are to analyze the current situation of the identification of the "one or two" behvior of e-commerce platform in theoretical circles and judicial practice.In the theoreti cal circle’s understanding of"choose one or two" behavior,there are three attitudes:affirmation,support and neutrality.In the judicial practice,the judicial cases mainly involve the differences in the relevant markets,market dominance and the determination of market dominance.The author introduces the above contents respectively,and studies the three differences in practice in the next three chapters.The second chapter is to define the releviant market of e-commerce platform.Traditional related market definition methods include:pseudo-monopoly test method,Supply substitution analysis method demand substitution analysis method and critical loss analysis method When these methods are applied to the emerging field of e-commerce platform,it is assumed that monopoly test method also plays a leading role,and substitution analysis method and critical loss analysis method are more applicable.For the e-commerce industry,the way to identify the relevant market does not fit with the traditional standard,so then it points out the limitations of the application of the traditional theory,and then Looks for the crack path to determine the relevant market.In the new development of relevant market definition methods,some scholars have put forward differentiated transaction definition method completely differentiated definition method and business plan.Because of the particularity of e-commerce platform,it is necessary to consider the characteristic factors of the platform when defining relevant markets,and comprehensively use these methods to improve and leam from them.The third chapter mainly studies the determination of market dominance of e-commerce platform.The criteria for determining market dominance have already been clearly stipulated in the Anti-monopoly Law,and many scholars in the theoretical circle have also put forward their opinions.When applied to the field of e-commerce platform,due to its high market dynamics and low market barriers,there are obstacles in the analysis of market share,competition in related markets,financial and technical conditions of operators and market entry barriers.On the other hand,Europe and the United States also pay more attention to the market structure and market behvior,and at the same time,to a certain extent,they also take into account the standard of combining competitive analysis with market share.Therefore,it is necessary to study whether the rules for determining market forces should be enriched and the entry barriers of the Internet industry should be strengthened in the determination of market dominance.The last chapter is the discussion on how to identify "abuse",the last step in the identification of restricted trading behavior.Although there are many laws and regulations to identify abuse of dominant market position,such as the Anti-monopoly Law,the E-commerce Law and some normative documents,and the tourts also pay more attention to the identification of effect elements in judicial and law enforcement practice,it is not clear how to identify "abuse",and there are differences on the legitimate reasons and the consideration of restricting competition effect.European and American countries consider the analysis of market effect and the structural characteristi:s of the market on this issue,and they have not clearly defined the meaning of restricting competition effect and its identification standard.Therefore,it is necessary to further clarify how to judge whether the market competition mechanism is destroyed.In addition,it is necessary to clarify under what circumstances "abuse" behavior is reasonable,and what aspects should be taken into account when considering the effect of restricting competition caused by "choose one" behavior,how to improve the identification standard of restricting competition effect,and whether the emphasis of market effect has changed.This chapter mainly discusses the above issues.