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Research On The Anti-monopoly Regulation Of The "Choice Of Two" Behavior Of E-commerce Platform

Posted on:2024-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:M C ZhongFull Text:PDF
GTID:2556307166451424Subject:Law
Abstract/Summary:PDF Full Text Request
Since the rise of platform economy,the competition among major e-commerce platforms has become increasingly fierce.In order to become the winner of the market competition,the competition means between the e-commerce platforms are also all kinds of extreme,"choose one" behavior is a typical representative of its competition means."One of the two choices" behavior is that the e-commerce platform takes advantage of its dominant market position to urge the merchants on the platform to carry out business activities only on the platform by means of agreement,incentive and even coercion.The anti-monopoly law enforcement agency must follow the three steps of "relevant market definition,identification of dominant market position and identification of illegality",and confirm that the "two-choice" behavior has indeed caused the effect of excluding and restricting competition in the sense of the Anti-Monopoly Law.Only then can the platform implementing the "two-choice" behavior be punished.The judicial organ to the relevant anti-monopoly litigation cases are mainly around these three steps.However,under the influence of the new characteristics of the Internet economy,such as two-sided market,cross-network externality,commodity complexity and free pricing strategy,the traditional market definition method and market dominant position identification method cannot be well suited to the current national anti-monopoly demand for platform enterprises,so it is urgent to supplement and improve the existing anti-monopoly regulation of the "two-choice" behavior.In the form of guidelines and policies,anti-monopoly law enforcement agencies and market entities are given guidance on law enforcement and behavior.In terms of market definition,the method innovation should be carried out according to the bilateral nature of platform market,the alternative consideration factors of traditional definition methods should be adjusted,and the new market definition methods should be introduced for the reference and application of anti-monopoly law enforcement agencies and people’s courts.In terms of the recognition of market dominance,it is necessary to realize that the market share method is still the primary method to determine the market dominance of the platform,but it is also necessary to focus on the recognition effect of other factors related to the platform economy.In terms of the identification of illegality,it should be based on the existing administrative law enforcement cases and combined with the characteristics of the Internet economy to analyze the damaging effect of "two choices" from the four aspects of merchants’ interests,consumers’ interests,market competition and market innovation and development,so as to increase the predictability of the anti-monopoly law regulation of the "two choices" behavior of e-commerce platforms.To sum up,in view of the anti-monopoly regulation problems arising in the process of the rapid development of platform economy,we should keep pace with The Times,bring out the old and bring out the new,and provide feasible operation plan for the identification of the "choice one" behavior of the regulation of e-commerce platform,so as to better promote the sustainable and healthy development of our platform economy.
Keywords/Search Tags:E-commerce platform, Exclusive deal, Restricted transaction, Relevant market definition, Market dominance recognition
PDF Full Text Request
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