Explore the future direction of antitrust of the platform
March 23, 2022 09:53 Source: "China Social Sciences" March 23, 2022 Total 2373 Author: Hou Liyang

With the rapid development of the Internet industry,Platform economy has become a pillar force in my country's economic development。According to statistics,The platform economy has occupied nearly 40 % of my country's GDP in 2020。In order to give full play to the innovation orientation of the platform economy,my country has long adopted a "tolerance and prudent" regulatory attitude towards the platform for a long time。But the platform economy is comprehensive、In -depth development,Gradually show the aspect of capital barbarous growth。Facing this new phenomenon,The central government decisively made a decision to "strengthen antitrust and prevent the disorderly expansion of capital" at the end of 2020,It is intended to continue the platform's economic leapfrog development while effectively controlling its negative effects。

time to this day,Platform antitrust has been implemented for more than one year。According to the official website of the State Administration of Market Supervision (hereinafter referred to as the "General Administration"),From December 2020 to December 2021,The General Administration of the General Administration has a total of 72 times for the law enforcement of platform enterprises,Including three cases of the abuse of market dominance、It is forbidden to concentrate the case together、68 penalties shall be applied for unprepared declarations,Cumulative fines exceeded 21.7 billion yuan。Where,The most important thing is the two cases that abuse market dominance- "Ali Case" (Alibaba was fined 18.228 billion yuan) and "Meituan Case" (Meituan was fined 3.442 billion yuan)。These two cases are representative cases of the General Administration Bet365 lotto review as the platform's antitrust executors,Its high fines have brought a warning effect to the entire Internet industry,It also widely publicized the important significance of the "Anti -Monopoly Law" in the orderly competition of the standard platform,It has made an indelible contribution to the smooth development of the future platform's antitrust work。But the platform antitrust is not a sporty enforcement of the central government for a while,but a major strategy that is related to the future development of the entire Internet industry。So,The platform's antitrust will eventually need to think about it。

The phased change of the attitude towards the platform's law enforcement attitude is not the unique phenomenon of our country。Looking at the world,The platform regulations in Europe and the United States also have similar changes。my country's existence of platform companies from "tolerance" to "strengthening antitrust" changes。and the development of Europe and the United States has shown three stages of changes。Generally speaking,In Europe and the United States before 2017, the platform also adopted the "tolerance and prudent" similar to my country's "tolerance and prudential"; between 2017 and 2020,Europe and the United States also observed the trend of disorderly expansion of platform capital,Began to regulate platform enterprises in a way to strengthen anti -monopoly law enforcement。Google、Amazon、Apple、Facebook and other platforms have been surveyed by antitrust surveys; of which,Google has been punished more than 10 consecutive punishments in the EU countries,Cumulative fines of more than 10 billion euros。Starting at the end of 2020,Europe and the United States have entered the third stage of platform regulation,That is to formulate a special industry regulation legislation for the platform economy。The EU Commission proposed the "Digital Market Law" legislation bet365 live casino games in December 2020。The draft has been approved by the European Parliament in December 2021 with 642 votes、8 votes against、46 votes abstainable results High ticket passes。The United States was proposed by the House of Representatives in June 2021 and the five legislative drafts such as the "Termination Platform Monopoly Act",It is currently in the legislative process。

Although my country has made three platforms to abuse the market's dominance decision in the past year's platform antitrust law enforcement work,But these three cases involve the same behavior,That is the behavior of the platform "Two Selection One"。Compared with it,Platform monopoly by European and American penalties except for "two choices",It also includes bundling sales、The most beneficiary clause、Self -trees、Internet shielding、Data abuse, etc.。What is strange is,The two seem to start the third stage of the platform regulation of the platform as if there are existence in advance。

The EU Commission made a detailed explanation of this transition in the legislative description of the Digital Market Law。The EU Commission has highly evaluated the previous platform antitrust work,It is believed that antitrust law enforcement plays a vital role in regulating the competitive order of the Internet industry。But the European Commission then pointed out,"Although the EU competition law can solve some problems in the Internet field,But it cannot effectively solve all problems caused by the platform,Especially many issues are not directly related to the abuse of market status "。The main reason for these problems is that platform companies have a dual role on specific occasions,On the one hand, the provider of services as a core platform service provides services to merchants,On the other hand, competing as a competitor and providing the same or similar service merchants "; and,Platforms bet365 best casino games may use big data analysis through big data analysis、Ranking、Self -treatment and other methods to eliminate competitions of competitors in the platform。For this,EU draft sets special obligations for platform companies,Including not to compete with merchants based on data collected from merchants、You must not treat yourself or services in the ranking of products or services in ranking products or services、Do not restrict the user transition to other applications in the platform through technical means、Allow merchants to access or provide compatible information to access the operating system or other functions in the platform。

The legislative culture of the United States is different from the European Union。U.S. House of Representatives does not explain the legislative background in its draft legislation,Just the first one in these drafts that the legislative purpose is to "eliminate the dominant platform to have or control other platforms or the Internet business,"。The obligation that the US draft proposal platform should bear includes: structural split、Do not merge with other platforms、Do not treat yourself、Allow third -party competitors to access its own system。From the perspective of these obligations,The American draft should also be concerned about the limitations of antitrust law in the field of platform,Especially the self -treatment behavior made by the platform as a referee and a athlete。

The re -positioning of the role of the platform market in Europe and the United States deserves us repeatedly。Whether it is the previous "tolerance and caution" or the current "strengthening antitrust",my country treats platforms as general operators。But the platform except providing information matching intermediary services,Also assume a large number of market management functions。For example,For corporate qualifications,my country Bet365 lotto review allows online operators to apply for industrial and commercial registration with network operating places provided by the platform。Another example,​​Platforms can be removed by starting notifications to remove their own joint responsibility。Another example,my country even gives the right to platform construction dispute resolution mechanism,and encourage the platform to establish rules such as consumer margin and advance payment through various forms。The implementation of these mechanisms makes the platform surpass general operators,and has the market management function of the government or social intermediary organization。But the platform shoulder market management functions,I am engaged in profitable business activities。During the execution process of this dual role,Platform and the merchants it manages both close cooperation relationships,There is a intense competitive relationship。Due to the existence of this conflict of interest,The platform may use its own market management function to implement it is conducive to itself、It is not conducive to the profitability of merchants。

Anti -monopoly practices in my country and Europe and the United States have all indicated,The antitrust method is of great significance to the orderly competition of the regulatory platform。But the direct regulation object of the antitrust method is competitive behavior between platforms,That is, the platform's exclusion restrictions on the implementation of the platform that operates the same business。Through the prohibition of these behaviors,Anti -monopoly method can indirectly protect the rights and interests of merchants and users。But when the relationship between pure platforms and merchants,Platform's ability based on its market management may implement behaviors that infringe the interests of merchants。At this time,bet365 Play online games There is no rigorous competition relationship between the platform and the merchant,The reason why the platform implements the interests of the merchant's interests is not necessarily a monopoly force,Therefore, antitrust law is often incomparable with these behaviors。For example,The current controversy is the behavior of the platform's self -preferential treatment,That is, preferential treatment for the platform to yourself or related companies,A suppression of the merchant who has nothing to do with yourself。This specific manifestation is the platform on the homepage or the top of the search ranking。But the differential treatment in the traditional antitrust law can only prohibit the discriminatory behavior of the monopoly subject that does not belong to its own third -party enterprise,Therefore, it is difficult to deal with the above self -treatment behavior。

my country's platform companies not only bear the responsibility of deepening the further development of the Internet business,It also assumes the heavy responsibility of improving my country's foreign trade in the context of Sino -US trade friction,More shoulder to achieve the 14th five -year planning of the Central Committee and the earnest expectation of the long -view goal in 2035。We must clearly realize that the platform antitrust is not a suppression of platform companies,Not to negate the platform economy,but the negative effects in the economic development process of the control platform,Eliminate the worries of the Internet platform and related companies,Make it better、Fast、Give full play to the innovative potential of the Internet industry in higher places。So,Platform antitrust should be continued to implement in depth as a policy orientation。But at the same time we have to realize: Anti -monopoly as the main starting point of the current platform regulation,There are both bet365 live casino games advantages and limitations。In the future law enforcement work,We must not only give full play to the role of antitrust law to promote the economic competitive order of the platform,Also recognize the dual role of the platform as market competitors and market managers,It is also necessary to consider the situation of the disorderly expansion caused by the platform when the platform is responsible for dual roles。Only properly solve it for this,Can finally realize common prosperity。

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