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Study On Regulations Of Takeaway Platform Abusing Market Dominant Position

Posted on:2022-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:N ZhangFull Text:PDF
GTID:2506306494472544Subject:legal
Abstract/Summary:PDF Full Text Request
With the rapid development of the digital economy,platform operators have gradually gained market influence and abused behaviors.The Internet-based platform model is quite different from the traditional business model.Different platform operators provide different services and compete with each other.Issues such as the competitive environment within the platform and the competitive relationship between platforms cannot be ignored.This article focuses on the research objectives of platforms such as the takeaway platform and discusses the problems in the regulation of the abuse of market dominance by takeaway platforms.First of all,the basic theory section defines the concepts involved in this article.The food delivery platform is a type of platform.Therefore,the concept and characteristics of the platform are defined first.The food delivery platform has the general characteristics of the platform to attract users,match users,formulate rules and provide technology In addition to services and services,there are also unique characteristics of regionality,immediacy and strong user stickiness.In addition,it also understands the business model of the food delivery platform through literature review and interviews with merchants.These characteristics and business models are for the analysis of its abuse behavior later.Ways and regulations provide ideas.The basic theory part also reviewed and sorted out the general theory of abuse of market dominance,and summarized and analyzed the current laws,regulations and guidelines on the regulation of abuse of market dominance.Secondly,take the traditional identification path to analyze the abuse of market dominance of the takeaway platform,and still use the demand substitution analysis method when defining the relevant commodity market.Although the traditional definition method is theoretically difficult to deal with all platforms,it is concrete to the takeaway platform based on different methods and theories to get the same Conclusion Achieve a clear definition of the relevant market,and also consider the necessity of the definition of the relevant market in the identification path;in the definition of the relevant geographic market,it is found that the takeaway platform is restricted by the scope of manual delivery and has a strong regionality,at least the city is The scope of delivery is even limited to merchants.The same problem exists in the determination of dominant position.It is difficult to define a zero-price platform through the transaction volume,but the takeaway platform can still estimate its dominant position based on the existing market transaction share and combine operations.Factors such as the ability of market operators to control the market,financial resources and technical conditions,and the degree of dependence of other operators;later analysis of their typical abuses shows that the food delivery platform has substantial harm to competition.Through analysis,it is found that there are problems in the regulation of abuse of food delivery platforms.The first is related market necessity,the second is the problem of high litigation costs for the injured party and it is difficult to achieve rights protection,and the third is the problem of lagging regulatory penalties.Thirdly,understand the anti-monopoly regulations of platforms outside the territory,including the choice of legislative models and the core rules that can be used for reference in the regulations outside the territory,especially the improvement of the stability and transparency of the rules within the platform and the establishment of an internal dispute resolution mechanism to protect the platform.The rights and interests of the internal operators and merchantsFinally,combining the experience of extraterritorial regulation and the full text analysis,it gives suggestions to improve the takeaway platform’s abuse of market dominance.First,it is necessary to strengthen the case analysis in principle.From the analysis of this article,it can be found that theoretical disputes are resolved in individual cases due to the determination of the regulatory body.The second is to reduce the burden of proof of merchants by adjusting the evidence rules,increase the operability of the merchants to choose litigation rights,and reduce their litigation costs.The third is to innovate regulatory methods into digital technologies that match the regulated objects.The fourth is to establish dispute resolution within the platform.Mechanism to ensure the low cost of rights protection for operators and consumers on the platform.The issue of platform anti-monopoly regulations has long attracted the attention of scholars and law enforcement agencies.Research on platform anti-monopoly is mostly carried out from a wide range of Internet platforms.This article analyzes the characteristics and abuse behaviors of a single platform of a foreign seller,and strengthens the principle of case analysis.The regulation of abuse of market dominance gives perfect suggestions.
Keywords/Search Tags:takeaway platform, abuse of market dominance, digital economy platform
PDF Full Text Request
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