The harmful result of any monopolistic behavior will ultimately affect consumers,and it is necessary to apply consumer welfare standard in the determination of monopolistic behavior.Protecting consumer welfare is one of the legislative goals of the Antitrust law,and it should also become the core pursuit of Antitrust law enforcement.Especially under the background of the new economic era such as the current platform economy,traditional monopoly behavior analysis methods can no longer fully meet the needs,and new analysis methods should be adopted to conduct a more comprehensive and objective analysis of behavior.The international application of consumer welfare standard has become mature,which can provide China with valuable reference experience.At present,Chinese written regulations can partially reflect the analytical factors contained in consumer welfare standard.The application of consumer welfare standard can also be reflected in law enforcement.However,due to the lack of systematic regulations on consumer welfare standard,there is a lack of clear guidance in the actual application process,and it is difficult to grasp the connotation of consumer welfare standard and the degree of consumer protection.Therefore,it is reasonable to construct the applicable rules of consumer welfare standard.The application of consumer welfare standard in the determination of monopoly behavior is not to protect individual consumers,but to provide a path that can be adopted to protect consumers as a whole.Through consumer choice analysis methods,we optimize consumer welfare and avoid the persistence of gaps between legislative goals and specific legal facts.The use of consumer welfare standard is conducive to changing the dual-track system of competition law and consumer policy,conducive to the integration of consumer policies into the framework of competition policy,and the development of structural protection of consumers.Consumer welfare protection from the perspective of Antitrust law enforcement is a protection in the ultimate sense,which is to implement the legislative goal of protecting consumer welfare in actual law enforcement.The application of consumer welfare standard in the determination of monopoly behavior is in line with the objectives of competition policy and is conducive to achieving a win-win situation for operators and consumers.First of all,the premise of the application of consumer welfare standard is that the application of consumer welfare standard meets the legislative goals of the Antitrust law,adapts to the relationship between consumers and competition,and can meet the development needs of the current platform economy;then,it analyzes the basic connotation of consumer welfare standard,and clarifies that consumer welfare standard protect the long-term and overall interests of consumers as a whole;finally,analyze the dilemma of the traditional monopoly behavior analysis method in the current identification of monopoly behavior.Secondly,analyzes the rationality of constructing the applicable rules of consumer welfare standard.First of all,mature consumer welfare standard theory and practical experience have been formed abroad,which has important reference significance for China;secondly,China has already reflected some of the consideration factors covered by consumer welfare standard at the level of written regulations.Finally,China also reflects the application of consumer welfare standard in the analysis of monopoly behavior in specific judicial trials and administrative enforcement.Drawing on the excellent experience of foreign countries can effectively alleviate the urgency of establishing consumer welfare standard in China.Then,affirms the necessity of applying consumer welfare standard and constructs the rationality of the rules for the application of consumer welfare standard.Put forward the application path of consumer welfare standard,consumer choice analysis method.It covers traditional analysis methods,and includes consideration of the scope and ability of consumers to choose.It plays an important role in promoting dialogue and integration with international antitrust,improving law enforcement efficiency,and promoting competition and consumer protection synergy.Finally,on the basis of the previous article,puts forward specific suggestions on the application of consumer welfare standard.First,analyze the connotation of consumer welfare standard,analyze the elements contained in consumer welfare standard and the degree of consumer protection;secondly,through analysis and selection of analysis factors and construction of applicable rules,clarify the specific application of consumer choice analysis methods;finally,Improve the consumer protection auxiliary mechanism,fully listen to the interests of consumers,improve the consumer anti-monopoly reporting system,promote the competition culture of consumer welfare protection,and indirectly improve and promote the specific application of consumer welfare standard. |