Anti-monopoly Law Regulation Of The Banning Behavior Of Internet Platforms

With the innovation of information technology and business models,the platform economy has profoundly reshaped people’s production and lifestyle,industrial organization form,and market structure form,and gradually become a huge driving force for economic growth and industrial optimization and upgrading in all countries in the world,giving the Internet platform status and power,but also causing corresponding risks.Mapped to the AntiMonopoly Law,it is a monopolistic behavior with complex and diverse forms.Among them,the frequent banning of Internet platforms has caused regulatory dilemmas.The article is divided into four parts and discusses the anti-monopoly laws and regulations for Internet platform banning.The first chapter mainly introduces the general theory of Internet platform banning.The subject and object of Internet platform banning is the Internet platform,which can be divided into platform-level ban,exclusive ban,and restricted ban.Due to the characteristics of the Internet platform itself,the special business competition mode of the Internet platform,as well as the support of data and algorithms,and the duality of the identity of the platform enterprise,the Internet platform is banned,resulting in anti-competitive effects that harm the interests of competitors,hinder market competition and innovation,and infringe on consumer welfare,and is suspected of constituting the abuse of market dominance such as refusing to trade.The second chapter mainly introduces the current situation and dilemma analysis of antimonopoly regulations on Internet platform bans.Judging from the spirit of China’s current policy conference and the current regulatory status at the three levels of legislation,law enforcement and justice,the state attaches great importance to the anti-monopoly supervision of platform monopoly behavior,including banning behavior.However,due to the characteristics of Internet platforms,it is still difficult to determine whether a banned act constitutes a monopoly in the relevant market,determine the dominant market position,and determine the illegality.The third chapter mainly introduces the extraterritorial experience of anti-monopoly laws and regulations on Internet platform banning.The gatekeeper theory and the necessary facilities theory are important ways to analyze and regulate banning behaviors outside the territory.Identifying platforms or data as necessary facilities can simplify the steps for determining the illegality of banning,but its threat to innovation and data security requires careful consideration of whether to introduce them.The gatekeeper system provides a new idea for the prior supervision of banning behavior in China.The fourth chapter mainly introduces suggestions for improving the anti-monopoly legal system for banning Internet platforms in China.In view of the previous problems,this paper proposes measures to optimize the relevant market definition method,improve the way of determining market dominance,improve the path of illegality determination and pluralistic cogovernance system of platform enterprises,administrative law enforcement,as well as judicial organs.