Research On The Anti-monopoly Problem Of "Choose Between Two" Behavior Of E-Commerce Platform

Under the background of the repeated implementation of the "alternative" on e-commerce platforms,how to regulate the "alternative" behavior on ecommerce platforms has become the key to maintain the competition order in the e-commerce market.At present,the main legal path to regulate the "one of the two" behavior of e-commerce platforms is the limited trading system stipulated in Item 4,Article 17 of the Anti-monopoly Law.In addition,the Antimonopoly Guide in the Platform Economy field issued by the Anti-monopoly Committee of The State Council in 2021 also identified the "one of the other" behavior of e-commerce platforms as limited trading behaviors.However,there are many difficulties in applying the limited trading system to regulate the "alternative" behavior of e-commerce platforms,such as the difficulties in defining the market of e-commerce platforms and determining the dominant position of e-commerce platforms,which makes it difficult for the limited trading system to effectively regulate the "choice of the two" behavior of ecommerce platforms.Therefore,this paper adopts the analysis path based on legal theory and combining legislative text and practical cases to discuss the reasons for the implementation of "one choice" behavior of e-commerce platform and discuss how to improve the legal regulation path of "one choice" behavior of e-commerce platform.In addition to the introduction,the text of this paper is divided into three parts:The first part discusses the concept,causes,behavior mode of e-commerce platform behavior and the influence of "alternative" behavior on market competition.This chapter aims to clarify the basic nature of the "alternative" behavior of the e-commerce platform and the possible impact of the "alternative" behavior on the market competition through the research on the above content.The second part discusses the necessity,the main legal basis and the dilemma of legal regulation to regulate the "alternative" behavior of e-commerce platforms.This chapter is intended to clarify the necessity and basis of regulating the "two"-choice behavior of e-commerce platforms.It also explains the difficulties in the relevant market definition and the determination of the market dominant position in regulating the "alternative" behavior of the limited trading system.The content of the third part is to propose improvement measures for the problems pointed in the second part.This chapter aims to put forward improvement measures to the existing problems from both theoretical and practical aspects to improve the operability of the Anti-monopoly Law.Specific measures include improving the relevant market definition standards,improving the identification standards of dominant market position,raising the cost of illegal enterprises and improving the judicial guarantee system.