Identification Of Market Dominant Position In Platform Enterprises

In 2020,the revised draft of the Anti-monopoly Law(Public Consultation Draft)was promulgated,in which special section was set for the the market dominant position of business operators in the Internet field.With the development of Internet,platform enterprises have the characteristics of cross network externality,multiplier effect,pricing tilt and lock-in effect,showing different competitive dominant from non-platform enterprises.The traditional anti-monopoly law mainly aims at the unilateral market when identifying the market dominant position,and the application matching degree of the bilateral(multilateral)market involved in the multilateral platform enterprises is not high.Therefore,it is necessary to innovate the methods of defining the relevant market of platform enterprises and the factors of determining the dominant position of the market,so as to meet the needs of anti-monopoly regulation in the platform market with rapid development and competition.The first chapter of this paper introduces the related concepts of platform enterprises and market dominant position,analyzes the characteristics of platform enterprises,points out the practical challenges faced by platform enterprises in identifying market dominant position,and puts forward the research problems of this paper.The second chapter analyzes the necessity of defining the relevant market for platform enterprises,and believes that when identifying the market dominant position of platform enterprises,it is still necessary to define the relevant market first.After that,the paper explores the existing market definition methods of platform enterprises,and thinks that the integrated testing method of "quality and price" is more suitable for the relevant market definition of platform enterprises,and improves this method.The third chapter first reviews and analyzes the existing legislation,judicature and law enforcement practices related to the determination of the market dominant position of platform enterprises in and outside the domain,and then puts forward the consideration factors of the determination path of the market dominant position of platform enterprises,such as the scale of users,the attribution of platform users,business model,the conductivity of market forces,economies of scale,data,science and technology and innovation,intellectual property,etc These factors are divided into those related to the characteristics of the platform enterprise and those related to the technical standards of the platform.Then,this paper analyzes the general considerations of the traditional market dominant position,and explains them in the context of platform enterprises,so as to make sure that some considerations can still be applied to the determination of the market dominant position of platform enterprises.Finally,the fourth chapter also analyzes the response to the determination of the platform enterprise’s market dominant position under the background of the revision of the Anti-monopoly law,and puts forward the way to modify the determination of the platform enterprise’s market dominant position in the revised draft of the Anti-monopoly Law(Public Consultation Draft),and provides suggestions for the development of the supporting documents of the anti-monopoly law,as well as for the platform enterprises in the Anti-monopoly law of China In order to better regulate the competition order of the relevant market of the platform enterprises,the concrete and standardized identification of the market dominant position should be strengthened.