Antitrust Regulation Of Restrictive Trade Of Network Platform

The phenomenon of restrictive trade implemented by network platform is becoming fierce.Anti-monopoly law is in the plight of application.In terms of relevant market,the court lacks the basic logic of market selection.SSNIP is difficult to apply to the Internet field.In terms of market dominance,the influence of market share in the Internet is decreasing,and the criteria of calculation are unclear.In terms of abusing of dominant market position,the analysis of the legitimacy of abuse is superficial.In view of the above problems,the following measures can be taken.we should prevent the abuse of bilateral market theory,return to unilateral market thinking as far as possible to solve bilateral market problems,accept the ambiguity of relevant market boundaries in the Internet field,improve the SSNIP method.In terms of market dominance,integrated standards should be adopted,the method of market share calculation can be improved,such as product access,sales volume,using time,etc.Use data of government agencies or authoritative agencies as far as possible.In terms of abusing of dominant market position,the judgment of abuse can be justified from the aspects of efficiency,fairness,competition and public interest.In addition,we should activate the public interest litigation,adopt the inversion of the burden of proof rules,and loosen the standard of proof,the anti-monopoly law and the E-commerce Law should be applied in harmony.At the level of law enforcement,we should strengthen the supervision system and realize the transformation of the two-way supervision mode between the government and the society,publicize the enforcement information in a timely manner.