Anti-monopoly Regulation Of Either-or Choice Of Online Platforms In The Platform Economy

The "either-or choice" behavior in platform economy is essentially a popular expression of exclusive dealing.The "either-or choice" behavior of platforms not only damaged the rights and interests of operators,consumers,competitive platforms and other subjects in the platform,but also undermined the fair and orderly competition order of the entire market.Based on the latest release of anti-monopoly guidelines of the Anti-monopoly Commission of the State Council on the field of platform economy（hereinafter referred to as the "guidelines"）,and Alibaba,Meituan has been subjected to administrative penalties for the "either-or choice" behavior.It is necessary to respond to the system and practice of the platform’s "either-or choice" behavior,to provide a standardized anti-monopoly regulatory framework,and to propose a reasonable improvement path for "either-or choice" behavior.This paper takes the phenomenon of "either-or choice" as the starting point,makes a comprehensive analysis of this behavior,focuses on system improvement and practice optimization,and aims at strengthening anti-monopoly to promote the healthy development of platform economy.Chapter one is general issues of "either-or choice" behavior in platform economy.This chapter aims to deconstruct the concept of platform economy and "either-or choice",analyze the behavior of "either-or choice",clarify its causes and hazards,and provide a clear basis for subsequent research.Chapter two is about the legal basis and practical obstacles of the "either-or choice" behavior in the field of platform economy.This chapter aims to analyze the current situation and determine the dilemma from two aspects of system and practice,mainly by sorting out the legal basis of regulating "either-or choice" behavior in the field of platform economy within the current legal framework of China,and combining the practical basis of case analysis,so as to summarize the realistic dilemma of regulating "either-or choice" behavior.Chapter three is the anti-monopoly improvement path of the "either-or choice" behavior in the field of platform economy.This chapter puts forward reflections from the four aspects of law application,relief system,law enforcement and supervision,aiming to analyze the suggestions on improving the anti-monopoly regulation of "either-or choice" behavior in the field of platform economy from multiple perspectives,and respond to the existing practical difficulties one by one.In terms of the application of law,the author puts forward some suggestions to improve the definition of relevant market and the determination of dominant position,and proposes to introduce the system of abuse of comparative dominant position to make up for the deficiency of "either-or choice" behavior in the field of platform economy regulated by anti-monopoly law.In the aspect of relief system,judicial organs play the guiding function of individual cases through civil judicial judgment,and actively explore anti-monopoly public interest litigation in the field of platform economy to protect the social public interest and market competition order of "either-or choice" behavior.At the level of law enforcement,suggestions are put forward to improve the transparency of law enforcement and the construction of law enforcement team in the field of platform economy.At the regulatory level,it is urgent to change the regulatory concept of "either-or choice" behavior,and strengthen the anti-monopoly supervision of "either-or choice" behavior through coordinated supervision,prior supervision,credit supervision and intelligent supervision.