| With the development of Internet technology,the Internet industry as an emerging market has a profound impact on social life.The Internet platform is on the rise,gradually occupying an important position in the market.On the one hand,the improvement of the status of the Internet platform has brought a positive impact on the economy,but also brought some problems.In recent years,Internet platforms have forced merchants to “choose one from two” and other events have become increasingly fierce.Strong criticism and dissatisfaction from various sectors of society have not only hindered the healthy and orderly development of the entire Internet platform industry,but also greatly troubled and hurt merchants with consumers.In this regard,the market supervision department has drawn great attention.The essence of the Internet platform forcing merchants to “choose one from two” is to restrict transaction behavior.The abuse of the typical manifestation of market dominance includes regulated transactions,and the analysis framework of the regulatory system of abuse of market dominance in antitrust law is also applicable to regulated transactions.It can be said that the antitrust regulation of Internet platforms restricting trading behavior is not only within the analysis framework of traditional antitrust regulations,but also has new characteristics of the Internet industry.However,Internet platforms have particularities such as bilateral markets and lock-in effects.Reaching an open restricted trading agreement is not a prerequisite for the realization of restricted trading behavior.Indirect mandatory restricted trading behavior can be implemented through certain technical measures,so the concealment is more enhanced and harmfulness is more increased.Not only is it possible to hinder technological innovation in the Internet industry and increase barriers to entry in related markets,it may also reduce economic efficiency and consumer economic welfare accordingly.Therefore,it is imperative that anti-monopoly regulations be imposed on Internet platforms to restrict trading behaviors.However,the existing anti-monopoly analysis framework that regulates the limited trading behavior of Internet platforms has many difficulties in practical application,and it does not take the particularity of Internet platforms into consideration.This has become the starting point for the conception and writing of this article.Three core issues are involved in the anti-monopoly regulations on the restricted trading activities of Internet platforms,the definition of relevant markets,the decision of market dominance and the determination of abuse are all included.Therefore,four parts consists ofthis article.The first part is an overview of the limited trading behavior of the Internet platform.First,introduce the concept of the Internet platform and its particularity.The main body of behavior studied in this article is the Internet platform.Because of its different characteristics from traditional enterprises,the characteristics of the Internet platform need to be fully considered when anti-monopoly laws and regulations are imposed on the limited transaction behaviors it implements.Secondly,combining the knowledge of relevant network economics,and fully drawing on the concept of traditional enterprises’ limited trading behavior,the concepts,characteristics and limiting methods of the limited trading behavior on the Internet platform can be clarified,and then the research scope of this article is clarified.The second part is the dilemma and solution of the market definition of the Internet platform.First,the purpose,general methods,related products,and regional markets of the definition of relevant markets in the limited trading behavior of Internet platforms are introduced.Second,analyze the existing methods to define the plight of the Internet platform-related market.Under the influence of the bilateral market of the Internet platform and the characteristics of the network lock-in effect,the difficulty of defining the relevant market of the Internet platform has greatly increased.Finally,for the difficulties that arise in the Internet platform of the relevant markets’ definition,targeted improvements are proposed.The third part is the limitation and improvement of the determination of the dominant position of the Internet platform.First,it points out the nature of market dominance,introduces the general criteria for determining market dominance,and additional considerations when determining the market dominance of Internet platforms.In the context of the Internet economy,the important criterion for determining market dominance is no longer market share,and there are other more important factors for identification.Secondly,on this basis,it analyzes the applicable dilemma of the traditional market dominance status determination on the Internet platform and puts forward suggestions for improvement.The fourth part is the difficult problem and countermeasures of judging the illegality of the limited trading behavior on the Internet platform.First,put forward the general principles of judging the illegality of the Internet platform’s restricted trading behavior,comprehensively analyzing the negative effects of the Internet platform’s restricted trading behavior on the market,the Internet platform’s seller users,and consumer users.Analysis,and draw conclusions about whether the behaviors it implements are illegal or not.Secondly,it pointsout the limitations of the Internet platform to determine the illegality of trading behavior.Finally,it puts forward specific suggestions on the methods of optimizing the illegality of the Internet platform to limit trading behavior. |