Anti-Monopoly Law And Regulation On Predatory Pricing Of Platform Enterprises

Predatory pricing is one of the key behaviors regulated by the Anti-monopoly Law.With the rise and growth of the Internet industry,predatory low-price behaviors often occur and become the means for some platform enterprises to enter new fields and new markets.This kind of behavior has penetrated into every field of daily life,such as online car hailing and community group buying.It has not only damaged the competition order of relevant market,but also caused varying degrees of damage to the legitimate rights and interests of ordinary operators and consumers.The laws regulating predatory pricing in China mainly include The Price Law and the Anti-monopoly Law.In practice,the Price Law is mainly used to regulate the unfair price competition in traditional industries.However,in the Internet industry,regulating platform enterprises only from the price level may be difficult to achieve the desired effect.At present,the competition between platform enterprises is more focused on data and user concerns,and the use of anti-monopoly Law to regulate them can directly reach the core of the problem.But present the anti-monopoly law to predatory pricing regulation,its reason was due to the particularity of the Internet market bilateral structure and characteristics of network externalities lead to methods of defining the relevant market malfunction,platform companies across the market influence of the transmission mechanism and characteristics of dynamic competition challenges the traditional methods of dominant market position,And other elements of predatory pricing are also unique in the face of platform enterprises.Based on the above difficulties,it is necessary to combine the reality of Our country,draw lessons from Germany and the European Union and put forward targeted solutions.We should take the Anti-monopoly Law as the starting point,first of all,on the basis of revising the traditional method of defining relevant market,introduce new testing methods,such as profit model method and product performance test method,enrich the method of defining relevant market of platform enterprises.In the next place,according to the characteristics of platform enterprises,the method of determining market dominance should be reconstructed,that is,the market share presumption method should be updated and the transmission mechanism of cross-market power should be added,so as to cope with the dynamic competition of platform enterprises and better regulate the behaviors of platform enterprises in cross-field competition.In the end against other constitutive requirements of the predatory pricing is perfect,on the basis of further change cost standards identified,draw lessons from the introduction of the average avoidable cost as the new benchmark for cost analysis,the clear behavior main body,on the basis of the subjective intention of combining "below cost" "the possibility of recovering the lost" and "justification" three elements of comprehensive judgement,On the basis of perfecting the analysis of damage consequence,the harm of predatory pricing behavior can be judged by comprehensively considering whether there is a derogation of innovation factors.