Developed economies of attention to e -commerce platform supervision
February 27, 2023 10:13 Source: "China Social Sciences", February 27, 2023, Issue 2598, Author: Fang Jun Xu Haolun

E -commerce platform provides enterprises or individuals with a management environment for virtual space and guarantee business activities that carry out business activities on the Internet,is coordination、Integrated information flow、Cargo flow、Fund flow,and prompt it to be orderly、association、Important places for efficient flow。In recent years,E -commerce platform rapidly developing,Become a new booster for economic development,But it has also brought some new problems and new challenges。For this,Major Western economies conducted a series of legislation and continuous exploration in the supervision of e -commerce platforms。

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EU attaches importance to antitrust legislation in the field of e -commerce, as well as consumer rights and privacy protection。June 2000,The EU promulgated the E -commerce instructions,Since then, a series of laws and regulations involving data management and privacy protection, including the EU Patent System ",It is expected that the "digital goalkeeper" through legislation,Set a series of specific obligations for them and conduct comprehensive supervision。The European Commission proposed the "Digital Market Act" (hereinafter referred to as the "Market Act") and the Digital Service Act (hereinafter referred to as the "Service Act") in December 2020。March 2022,The European Council and the European Parliament reached an agreement on the above bill。July 2022,The European Parliament passed these two bills。These two bills will jointly constitute the "integrated two wings" regulated by the European Union's digital platforms and the core measures of creating "Europe to adapt to Europe in the digital age"。

Bet365 lotto review "Service Act" is regarded as a modern innovation of the EU's "E -commerce instruction",It mainly contains three core measures。First, protect consumers' basic rights on the e -commerce platform。"Service Act" Standards,E -commerce platform should take the initiative to review、Processing illegal content and counterfeit and shoddy products,Maximum reduction in the risk of platform users' contact with illegal content and counterfeit and inferior products,Protect its basic rights。The second is to clarify the specific obligations of the e -commerce platform,Improve the transparency of the platform。The Service Act stipulates the scope of the e -commerce platform "should be" and "not to do",It is required to use more scientific information algorithms and disclose various information algorithms,Enhance operational transparency。Third is to further increase the supervision of e -commerce platforms。

"Market Act" innovatively proposed the concept of "digital goalkeeper"。The so -called "digital goalkeeper" refers to a strong influence on the EU market、It can provide core platform services and important channels for corporate users to contact end users、long -lasting or foreseeable platforms in the market that can foresee that it will last long and occupy a stable position。"Market Act" through locking key supervision objects and clear key regulation behaviors,Digital platforms with strict restrictions to a specific scale for unfair competition。

Overall,The EU is in antitrust supervision against the e -commerce platform,In addition to considering traditional competition elements,Focus on the publicity of the data algorithm、Regardless of data content、The interaction of data use and the protection of consumer basic rights on the market competition order。

  Germany: Follow key institutions and data protection

Similar ideas as the EU,Germany also strives to bypass the technical bet365 best casino games barriers and lagging disadvantages of traditional antitrust supervision in an institutional innovation way,Earlier with the date、More effectively intervening in unfair competition behavior。The German Federal Parliament passed the "Tenth Amendment to the Restricted Restricted Competition Law" in January 2021 (hereinafter referred to as the "Tenth Amendment")。The amendment is also known as the "Digital Competition Law",It takes "the ability to get competing related data" as an important investigation factor,Emphasize the key supervision of platform companies such as e -commerce platforms such as intermediary agencies。The bill mainly has three highlights。

First, special supervision of the intermediary agency。Cross -market competition is common in the Internet field,Many large platforms will be involved in different market areas,There is a close relationship with various subjects。For example,Some social media platforms can provide communication services,can also provide shopping and payment services,The social attributes of the platform make it an effective promotion channel。At this time,The commercial strategy adopted by the platform may affect the competitive situation in related fields。"Tenth Amendment" defines such intermediary platform enterprises as "operators with significant cross -market competition",I think it has strong ability,You can transmit your resources and advantages cross -border in different markets。The Tenth Amendment stipulates the standard for cross -market competition,Once the company is identified as "operator with significant cross -market competition",It will be supervised according to special rules,and this determination can be valid for up to 5 years。other,Organization for "operators with significant cross -market competition" institutions,The Federal Federal Carter Bureau can use the form of a promulgation ban to perform Bet365 app download pre -supervision of specific restrictions on the implementation of its implementation。but but,The above agencies can tell the measures taken by the Federal Carter Bureau,The complaint will be accepted directly by the German Federal Supreme Court,to shorten the litigation cycle。

Second, the important role of data in antitrust law enforcement。First,When evaluating the market position,Data is given the same importance as traditional indicators such as market share,The basic criterion for measuring market dominance。Next,It is clear that the data can constitute a necessary facility,Once a necessary facility is constituted,The platform for controlling data may be asked to open to a platform that depends on such data,Even if it does not have a precedent for trading such data resources。again,Incorporating behavior that traditional data protection is in the field of data protection is included in the list of abuse of behavior supervision,and stipulate that without obtaining the license of the user or third -party enterprise,The intermediary agency shall not be combined and used in data。This means,Even if the data sharing is only performed within the intermediary agency,This behavior also needs to be licensed by user authorization。Last,Key to protect the interoperability of the product or service of the e -commerce platform products and the portability of the data,Efforts to ensure data security。

Third, the key to mergers and acquisitions focus on large enterprises。The Tenth Amendment has greatly improved the threshold for the requirements of the M & A transaction to trigger antitrust declaration requirements,The saved antitrust administrative resources saved due to the increase of the application threshold are used to strictly control the mergers and acquisitions activities of super -large enterprises,To effectively regulate the "Sticking M & A"。Specifically,The Tenth Amendment has Bet365 lotto review given the German Federal Carter Bureau a greater supervision and initiative,Added the obligation of large -scale specific platform enterprises。This makes the bureau's right to review all the mergers and acquisitions activities of the e -commerce platform that is included in the scope of regulatory scope,and apply lower application standards for it。

A scale with the EU、Turnover and other traditional elements put forward the concept of "digital goalkeeper" for the starting point,The concept of "operator with significant cross -market competition" in Germany emphasizes the influence of platform companies in different related markets。At the same time,The definition and restrictions on intermediary agencies also reflects the market competition supervision of Germany's attention to the market competition of the procurement and sales.。These measures have a certain help for protecting consumers' rights and improving the abuse of market forces。

  Japan: Urges platform companies to increase transparency

Japanese e -commerce starts late,But the development momentum is rapid。In the early stage of development of e -commerce platforms,The Japanese government has adopted a relatively loose policy,Rarely intervene in the development of the e -commerce platform,Mainly carried out regulatory work related to its functions,and the punishment for violations of laws and regulations is not great,Generally a warning、Interview、fines, etc.。But,With the continuous development of the e -commerce platform,The adverse effects of this loose policy gradually appear。

To strengthen supervision,Japan not only introduced the "electronic data exchange" (EDI) business information processing method,and a series of laws and regulations for the supervision of the e -commerce platform,Including "Framework for Solving Disputes in E -commerce", "Electronic Consumer Contract Law", "Japanese E -commerce and Information Trading Guidelines", "Related Laws of Specific Traders", etc.。In Japan,Except the above -mentioned laws bet365 Play online games and regulations specifically for e -commerce platforms,Other business methods for market behavior、Trade Law, etc. Applicable to the supervision of e -commerce activities。At the same time,The Japanese government also implements strict business registration procedures for e -commerce platforms,It will conduct multiple reviews of it in and exit the market。other,E -commerce platform operators must save online transaction records for at least one year for relevant departments to inquire。

In June 2020, Japan promulgated the "Specific Electronic Platform Transparency and Justice Promotion Law" (hereinafter referred to as the "Promotion Law"),and officially implemented in February 2021。This method focuses on the prohibition of platform companies from using its advantages to carry out unfair competition activities,Urges platform companies to increase transparency。The Promotion Law will be designated as a key regulatory object with annual sales of annual sales of more than $ 2.8 billion or annual income of more than 1.9 billion US dollars.。As a supervisory object,Relevant platform companies to merchants、Consumers and government departments have the obligation to disclosure。"Promotion Law" also requires these platform companies to establish an open and transparent program and system,For example, personnel who are appointed in Japan and are familiar with Japanese business are responsible for the service function related to the seller in the development system,Take measures to help consumers understand the regulations related to trading。other,"Promotion Law" also expanded the supervision right of platform users,When the platform users believe that the platform is illegal and illegal, or the necessary measures to take the platform responsibility,You can report to the relevant government agencies,Users will get effective personal safety and information privacy protection。"Promotion bet365 live casino games Law" has achieved outstanding results in protecting the relevant rights and interests of consumers and consumers。

(Author Unit: School of Public Management, South China University of Technology)

Editor in charge: Cui Cen
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