Research On The Notification Threshold Of Undertakings Concentration In The Field Of Internet

With the deep integration of digital technology and communication technology,the digital economy represented by the Internet has developed rapidly,which also brings severe challenges to the regulation of antimonopoly law.In recent years,the concentration of undertakings in the Internet field has become more and more frequent,which has had a great influence on the competition pattern and order in relevant markets.However,it presents a situation in which the undertakings have not taken the initiative to declare,and the enforcement agency has not implemented the discretion to achieve the purpose of regulation.Declaration is the starting point and crucial part of the control of concentration.As the substantial component of declaration,notification threshold forms a trigger mechanism for regulatory procedures for the concentration control with the discretion of enforcement agency.However,the characteristics of the twosided market and business model of the Internet platform are breaking through the calculation method and rationality of turnover threshold.The exercise of discretion has not responded to the concerns of relevant stakeholders,and it is difficult to play its supplementary role in lack of normative guidance and procedural constraints.The application of the existing notification threshold in the field of Internet is in a dilemma,and the concentration of Di Di and Uber China is the most representative case.The Internet economy has a natural tendency of monopoly due to the characteristics of supply-side scale effect,network effect and lock-in effect.In order to meet the diversified values of anti-monopoly law and the implementation concept of regulation,it is necessary to strengthen the preventive supervision of concentration of undertakings in this field.However,the limitation of the discretion indicates that the capture of target concentration behavior should still rely on the path of reshaping the notification threshold.Now Germany and Austria have introduced the size of transaction threshold to its original system,and the EU is waiting for the right time to amend the law,The United States has begun to strengthen the regulation of merger in the field of Internet.Based on the advanced experience and comparative analysis,the dissertation concludes that the size of transaction threshold should be introduced because its more reasonable and feasible than the market share threshold.At the same time,in order to ensure the effective implementation of the notification threshold,a dynamic adjustment mechanism of the threshold should also be established.The law enforcement agency should regularly assess and adjust the amount of the notification threshold according to the situation of economic development,last but not least,the procedural norms for exercising the discretion should also be detailed.