Research On The Anti-Monopoly Review Of Concentration Of Undertakings In The Field Of Digital Economy

Compared with the traditional economy,the digital economy has the characteristics of dynamics,bilateral market effects,and high penetration,which have brought huge challenges to my country’s anti-monopoly.In particular,the anti-monopoly review system for concentration of undertakings has a greater impact,and the anti-monopoly review of concentration of undertakings faces enormous challenges.The concept of anti-monopoly regulation under the interpretation of traditional economic theory is based on a statically balanced market structure,and lacks an explanation mechanism for the highly dynamic bilateral or multilateral market situation in the digital economy;the incompatibility of the explanation mechanism leads to actions The relevant market definition methods for anti-monopoly regulatory actions have lost their benchmarks.Specifically,the SSNIP test method based on the price under a single market structure cannot reflect the scope of the relevant market,and the quality-based SSNDQ test method and the profit model test that have been used in practice are faced with difficulties due to the digital economy platform.The problem that the multi-functional composite products provided are difficult to quantify and the limitation of the relevant market definition is too large due to the reproducibility of the profit model.At the same time,data,as an important part of the digital economy,plays an increasingly important role in market competition,and the behavior of operators to obtain data through concentration has also shown a trend of continuous concentration.Under this circumstance,the turnover,which is the core factor for the evaluation of the effect of operator concentration,has also been weakened due to the influence of non-price competition in the field of digital economy,and it is even not suitable for the problem of evaluating the effect of concentration after the evaluation of operator concentration.Then,can data be used as an element to evaluate the effect of operator concentration? This article believes that it is realistic and reasonable to include data in the scope of the evaluation elements of the concentration of undertakings.On the other hand,data is often inseparable from privacy protection.Whether privacy protection can also obtain the status of an essential factor in evaluating the effect of operator concentration,like data,is a major controversy in the academic circle,and need to conduct further demonstrations on it.In addition to the above-mentioned inclusion of data into the scope of review and evaluation elements for the concentration of digital economy operators to improve the anti-monopoly review system for concentration of operators,this article believes that the following two aspects should be demonstrated: First,the relevant market definition as the starting point for anti-monopoly should be maintained The basic logic of the definition of the relevant market has been shifted to the use of non-price as a competitive benchmark demand substitution analysis method to define the relevant market;secondly,as an important part of the anti-monopoly law,the intensive examination by the experienced practitioners also needs to follow the anti-monopoly law as a public law.The essential requirement is that when reviewing the concentration of operators in the digital economy,the principle of "humility" and prudence in the anti-monopoly law should be adhered to,but it does not mean that the concentration of operators in the digital economy should be indulged.