| In recent years,the "money burning war" of Internet platform enterprises has been common.In the second half of 2020,some community group purchase platform enterprises took advantage of their financial advantages to carry out a large number of price subsidies,which attracted extensive attention from all walks of life and was punished by regulators.For the regulation of low price competition behavior of platform enterprises,there is a problem of concurrence of legal liabilities in China’s anti-monopoly law and price law,so the anti-monopoly law should be applied instead of the price law.Although the identification of predatory pricing behavior of platform enterprises has its complexity,it can still follow the basic ideas of market dominance identification,price cost analysis and compensation possibility analysis.In the identification of market dominance,we should pay attention to the transmission attribute of market dominance of platform enterprises in order to regulate cross market predatory behavior.In addition,in the identification process,we should not stick to the fact that platform enterprises must have long-term market share advantages,but also build the standard of market control ability in predatory pricing;In terms of price cost analysis,the price cost comparison method represented by Areeda and Turner rule cannot be applied to platform enterprises aiming at the acquisition of long-term interests.Whether to implement predatory pricing should be determined by comparing the price of platform enterprises implementing predatory pricing with the average avoidable cost and long-term average incremental cost of their competitors.In addition,due to the bilateral market attribute and the cost advantage of incumbents,Platform enterprises can make predatory pricing in the form of higher than the cost price,so they should adopt "unreasonable low price" rather than "lower than the cost price" as the identification standard;In terms of compensation possibility analysis,platform enterprises have the possibility of obtaining compensation in various forms,and should not give up the element of compensation possibility.However,taking "raising the price to obtain improper benefits" in the traditional identification standard as the only standard of compensation possibility may make most Predatory Pricing Behaviors in the field of platform economy unable to be regulated as they should be. |
