Research On The Anti-monopoly Law Regulation Of "One Of Two Choices" Behavior Of Internet Platform Enterprises

In recent years,the platform economy has emerged as a black horse to promote China's social and economic development.With the rapid development of Internet technology,platform enterprises have gradually penetrated into various fields of social production and people's daily life.However,in the development process of any new thing,there will inevitably be some phenomena that challenge the existing rules,and the "two choose one" behavior of platform enterprises is a distinct example.As the platform economy has the new characteristics of "bilateral market","cross network externality","attention economy and free pricing mechanism",at the same time,Internet platform enterprises gradually evolve into a super network platform with absolute or relative market advantage by virtue of its first mover advantage and business model innovation;in the fierce market competition,in order to compete for market share,Internet platform The "two choices and one" behavior of enterprises is constantly performed,which endangers the order of market competition,damages the rights and interests of consumers and hinders technological innovation.As a result,the behavior of restricting competition of Internet platform enterprises has gradually entered the field of vision of anti-monopoly law.However,due to the rapid development of the Internet platform economy and the lag of the anti-monopoly law,the provisions of the anti-monopoly law of China and the new competitive behavior of "two choices" of Internet platform enterprises in practice can not be accurately adapted.Therefore,how to regulate market competition and prevent Internet platform enterprises from restricting competition in the new market environment has become a new problem to be solved in the anti-monopoly law of China.Based on the basic theory of anti-monopoly law,and with the help of other department laws and relevant economic theories,this paper studies the regulation of anti-monopoly law on the behavior of "one out of two" of Internet platform enterprises.The "two choices one" behavior of Internet platform enterprises refers to the behavior that directly or indirectly makes the opposite party make a single choice on the trading partner or trading behavior by means of coercion or coercion,loyalty discount,exclusive authorization,etc.in order to achieve the purpose of restricting competition for platform enterprises.In practice,the behavior of "two choices one" of Internet platform enterprises is mostly presented in different forms and means,but its monopoly nature is the same.According to different standards,the behaviors of Internet platform enterprises can be divided into two categories: the behaviors of consumers(users)and the behaviors of platform businesses;the behaviors of vertical non price monopoly agreements and abuse of market domination Second,the status of the "two choose one" behavior.Combined with thecompetitive characteristics of Internet platform enterprises,a comprehensive analysis of the competitive effect of Internet platform enterprises shows that the negative impact of its inhibition of competition is far from offset by its positive effect of promoting competition.Therefore,it is necessary to regulate this behavior with anti-monopoly law.Based on the analysis of the purpose of behavior,the current situation of legislation and its actual performance,the "two choices" behavior of Internet platform enterprises is more in line with the legal framework of abusing the dominant market position.However,China's anti-monopoly law regulates the judgment route of "one out of two" behavior of Internet platform enterprises,but it encounters the dilemma of defining the new relevant market and market dominant position.In order to break through the above regulatory dilemma,we should improve the definition method of Internet platform enterprises' relevant markets,explain the factors that determine the dominant position of operators in the market,and pay attention to the guiding role of competition policy to better regulate the market competition chaos.