On The Legal Regulation Of The Abuse Of Dominant Market Position By The Third Party Payment Operators In China

As an emerging industry,the third party payment has made great contributions to the development of China’s economy.The new payment products created by the third party payment,such as online payment,mobile payment,two-dimensional code payment,face payment,have changed the original traditional payment methods with the characteristics of convenience,quickness and intelligence.But just because of its own particularity,the third party payment industry is naturally monopolized,and the third party payment operators also tend to abuse the dominant market position.In practice,the third party payment operators have carried out many new behaviors of abusing their dominant market position,such as mutual banning of competitors’ products,plundering market share with free strategy at the initial stage and gradually increasing prices at the later stage,and strengthening their dominant market position by single cooperation with the government.The existing legal rules in our country are not effective in regulating these abuses.There are some problems,such as the lack of supervision of anti-monopoly law enforcement agencies,the difficulty in identifying the abuse of market dominant position and so on.The reasons for these problems are that the current law ignores the particularity of third party payment operators,the low degree of openness of anti-monopoly law enforcement,and the existing rules lag far behind the development of third-party payment.In the future,China can learn from the mature experience of foreign developed countries to regulate the abuse of market dominance by third-party payment operators.Guided by the principles of encouraging innovation and fair competition,China can deal with it by improving the regulatory rules of anti-monopoly law enforcement agencies and the relevant rules of abuse of market dominance.