Research On The Digital Gatekeeper System Beyond Anti-monopoly Supervision

With multiple advantages such as data,special strategic position,and resource attributes,the ultra-large digital platform occupies a major market share in the digital market,builds an absolute dominant market position,and becomes the "gatekeeper" of the digital market.A series of improper acts carried out by such platforms substantially exclude or restrict market competition.However,it is difficult for traditional anti-monopoly laws to effectively regulate such improper behaviors,and the anti-monopoly law faces new challenges that need to be solved in the digital economy era.In response to this challenge,China’s newly amended Anti-Monopoly Law in2022 specifically adds anti-monopoly provisions for the digital market in response.Compared with this abstract clause,the EU passed the Digital Market Law to formally form a digital gatekeeper system with prior supervision function,and Germany,the United States and other countries have successively formulated or published bills to strengthen the prior supervision of digital gatekeepers to solve the current problem of governance of super-large digital gatekeepers.In terms of legislative model,the system goes beyond the traditional competition law framework and adopts a special and independent regulatory path for large platforms through special bills or digital market provisions;In terms of regulatory methods,it has built a pre-regulation model for platforms,and clearly regulated the prohibitive and mandatory obligations for ultra-large digital platforms.In terms of the regulatory system,systematic and dynamic supervision including market research,review and sanctions has been formed,reflecting the flexibility of supervision.The internationalization and innovation of China’s head platform are far from enough,and it is necessary to continuously inject innovation power to maintain the advantages of the platform,and the digital gatekeeper system also has certain value in China’s digital economy governance.If we want to effectively solve the governance problems of China’s governance of super-large platforms based on the governance logic of the digital gatekeeper system,we should consider: First,based on the development of China’s platform economy and the anti-competitive risks that local super-large platforms may cause in platform competition,adhere to the promotion and encouragement of innovation as the value orientation,take the digital market competition clause as the basis of the superior law,and use digital reporting as the practical support to carry out the construction of the localized gatekeeper system.Second,although the definition of China’s super-large digital platform has been stipulated in various drafts and promulgated laws and regulations in China,the standards are different and need to be further unified definition.Third,the formulation of the list of obligations of gatekeepers of ultra-large digital platforms should be set in accordance with the provisions on platform ecology and data protection.It is worth noting that the regulatory ideas of the digital gatekeeper system are very obvious,there is a risk of deviating from China’s traditional anti-competitive law enforcement strategy,the means of prior supervision have the risk of excessive supervision,each law enforcement agency has not yet clarified its own law enforcement authority,and there is a risk of overlapping supervision,which are the main issues that are paid attention to in the construction of a digital gatekeeper system with Chinese characteristics.Although the world has set off a wave of building a digital gatekeeper system,in the face of the current highly developed digital market,how not to over-supervise and maintain healthy and effective competition in the market is an attitude that China needs to always uphold.