Research On Anti-monopoly Regulation Of Platform Enterprises In China In The Digital Economy Era

In the era of the digital economy,the Internet market takes data as the core element,and the dynamics of competition among platform enterprises are more prominent.It presents the characteristics of network effects,bilateral market effects,and "winner take all",making platform monopoly issues hidden and complex,spawning monopolistic behaviors such as algorithmic collusion,restricted transactions,self preferential treatment,and stifling mergers and acquisitions,which seriously undermine platform competition,inhibit market vitality,and harm consumer interests.It is necessary to carry out antitrust regulations on platform enterprises to hinder high-quality development.At present,China has encountered many challenges in determining the monopolistic behavior of platform enterprises: the dynamic competition and "zero pricing" model of the market make the traditional methods for defining the relevant market ineffective;market share and other price factors cannot accurately determine whether the platform has a dominant market position,and it is difficult to assess the damage of concentration of operators to competition.In practice,there are also certain loopholes in China’s anti monopoly supervision of platform enterprises: the law enforcement departments have formed a relatively conservative and fixed mindset for a long time,which distorts inclusive and prudent supervision,and there is a phenomenon of stochastic and selective law enforcement.The law enforcement means are relatively simple and lack of prior supervision to supplement.The fairness and scientificity of supervision lack data sharing as support,which cannot meet the requirements of maintaining healthy competition in the platform market and the need to promote the healthy development of the digital economy.The European Union and the United States are both at the forefront of the world in the development of the digital economy and the anti monopoly regulation of large platform enterprises.Both have their own characteristics in regulatory thinking and institutional design,which are worth learning from and using for reference in China.The EU has always adhered to the strict regulatory strategy.The latest laws such as the Digital Markets Act,the General Data Protection Regulation are innovative.The Digital Markets Act has established "gatekeepers" rules to regulate large platform enterprises,ensuring the competitiveness of the market and protecting consumer data interests.The United States is gradually strengthening its supervision towards the Internet giants,and has promulgated six bills to strictly regulate restrictive competition behaviors that harm innovation.In order to improve the anti monopoly regulations for platform enterprises in China,it is recommended to improve alternative analysis based on consumer demand to define relevant markets,adjust the measurement standards of market share and focus on data elements to determine market dominance,and implement the classification and hierarchical review system for concentration of operators,which may help achieve accurate recognition of monopoly behavior of platform enterprises;Implement the principles of positive,inclusive and prudent supervision,attach importance to self-regulation and incentive supervision of platform enterprises,and also enhance the positive interaction between anti-monopoly supervision and platform innovation;Strengthen the data compliance construction of platform enterprises and promote the legal and efficient circulation of data elements,and also empower consumer data to counter the dominant position of super platforms.We should continuously explore and advance to stimulate the innovation vitality of platform enterprises,purify the competitive environment of the digital economy market and protect the legitimate rights and interests of consumers.