| The rapid development of the digital economy and platform economy has brought many new changes and characteristics to market competition,while China is in the midst of a historical trend of strengthening anti-monopoly measures and preventing capital from expanding disorderly.In July 2021,the State Administration for Market Regulation issued an administrative penalty against Tencent’s "operator concentration case," make the digital music platform drive the exclusive copyright to the front end of the development in the high field again.The digital music market is a typical platform-based market,and digital music platforms are important participants in the digital economy.The industry’s regulatory authorities’ requirements for copyright legalization have evolved in practice into copyright disputes between music platforms,and the "exclusive copyright model" itself is a manifestation of rights holders’ legitimate exercise of intellectual property rights,which can have a positive effect in practice.However,if it is used to squeeze out competitors or even harm consumers’ interests,in the long run,it is not conducive to the overall development of the digital music industry.From the perspective of the Anti-Monopoly Law,the "exclusive copyright model of digital music platforms" may constitute abuse of market dominance,monopoly agreements,or the market power of actors may be strengthened through operator concentration.In this context,from the perspective of anti-monopoly regulation,in-depth exploration of the exclusive copyright model of digital music platform plays a positive role in promoting the development of this field.This article combines theory and practice to first define digital music platforms and exclusive copyright models,analyze the conflict between the protection of music copyright under the Copyright Law and the protection of competition order under the Anti-Monopoly Law,and study the contradictions and reasonable limits of the Anti-Monopoly Law’s regulation of it.Secondly,Study the performance of the exclusive copyright model of the current mathematical music platform under the relevant laws and regulations,and finds problems in the regulation process,such as the insufficient recognition criteria for traditional market dominance and the lagging review of operator concentration.Thirdly,drawing on mature experiences in music copyright protection overseas and combining China’s actual situation,this article proposes to improve relevant market definition rules for digital music platforms,mainly by assuming the monopolist test and the profit model test,optimizing the recognition of digital music platform market dominance,and clarifying the standards for the review of operator concentration.By examining the anti-monopoly regulation path,dilemma,Focusing on the exclusive copyright model of digital music platform from the perspective of anti-monopoly regulation,on the one hand,it can enrich its regulation from the perspective of theory,but also provide certain references and inspirations for China’s digital music market’s anti-monopoly regulation practice,and better regulate and maintain the fair competition order of the digital music market. |