Research On The Abuse Of Market Dominance By Digital Platforms On Anti-monopoly Legal Regulation

In recent years,the rapid development of China’s digital economy industry,the rapid development of Internet technology and the rapid expansion of the Internet industry have put forward new challenges to China’s current anti-monopoly law system.Digital platforms are far more active than normal in terms of economic concentration,and the Internet market is shifting from a situation of competition to an oligopoly.As the internet giants become stronger,the market harm of abusing their market dominance with unique digital economic characteristics is gradually revealed.The market is no longer able to self-regulate such behavior,and the demand for anti-monopoly enforcement is becoming more and more intense.However,the anti-monopoly enforcement mechanism in the context of traditional economic law is somewhat helpless against these new monopolistic behaviors,and the contradiction between the urgency of law enforcement needs and the incompatibility of the law itself is becoming increasingly strong.The reason is that the digital economy represented by the digital platform economy has gone beyond the regulatory scope of the traditional anti-monopoly law,especially the various problems caused by data problems are almost no mention in the traditional anti-monopoly law system,which constitutes an obstacle to the application of the current Anti-Monopoly Law in the field of digital economy.Therefore,with the continuous development of China’s economic format,China’s anti-monopoly law also needs to continuously improve itself in response to new challenges.The abuse of market dominance by digital platforms can be roughly divided into three categories: refusal to trade,technical tying,and price discrimination,which endanger the market environment of fair competition and harm the legitimate rights and interests of consumers,so they have the sense of economic law.However,at present,China’s anti-monopoly law legal system has many shortcomings in the face of the above problems.Most of the current anti-monopoly regulatory measures are concentrated in the after-the-fact stage,and there is no deep thinking about why such monopolistic behavior occurs.In order to effectively regulate the above-mentioned monopolistic behavior of abusing market dominance,it should be improved from the two aspects of improving China’s anti-monopoly legal system and improving the level of law enforcement technology.Combined with the practical experience of anti-monopoly in Europe and the United States,China’s anti-monopoly legislation needs to introduce the concept of the principle of necessary facilities,and clarify the scope of application of the principle of necessary facilities in the data field of Internet enterprises on the basis of strictly following the limited thinking,limit the scope of data transactions to the data voluntarily provided by users and know their use,effectively prevent the indiscriminate occurrence of data transactions and prevent excessive damage to the investment and innovation enthusiasm of operators For monopolistic acts with strong professionalism such as technical tying,the burden of proof of the defendant should be appropriately increased in the process of presenting evidence,and the standard of proof of evidence should be lowered,so that more tying behavior should be included in the scope of anti-monopoly legal regulation.China’s anti-monopoly in the field of digital economy is still in its infancy,in the face of the changing market environment,relevant departments should always adhere to the attitude of facing technical problems by technical means,scientifically solve monopoly problems,effectively form regulatory forces,and ensure the long-term healthy development of the digital economy.