Research On Anti-Monopoly Law Regulation Of "Either-Or Choice" Behavior Of E-Commerce Platform

In recent years,the development momentum of e-commerce has been strong.At the same time,the trend of oligopoly structure of e-commerce platforms has become more and more obvious.Platforms often take various means to consolidate and expand their market power.The phenomenon of "choose one of two" is typical.Ecommerce platforms require operators to “choose one”,which not only damages the operator’s right to operate independently,deprives platform competitors or potential competitors of market opportunities,undermines the fair competition order in the ecommerce industry,but also damages the interests of end consumers.As the negative impact of the "choose one" behavior intensifies,the "choose one" behavior of ecommerce platforms has gradually entered the field of vision of the Anti-Monopoly Law.Combined with the relevant provisions of my country’s current Anti-Monopoly Law,there are two main paths for the anti-monopoly regulation of "choose one" behavior,It covers the vertical monopoly agreement system and the abuse of market dominant position system.Due to the new characteristics of e-commerce platforms,such as bilateral,dynamic,and dual identities,which are different from traditional unilateral markets,these particularities act on the "choose one" behavior implemented by the platform,making the "two choices" of e-commerce platforms difficult.“Choose one” behavior to conduct anti-monopoly regulation faces many difficulties.First,there are loopholes in the core link of defining the relevant market,which is manifested in the failure of traditional market definition methods;second,it is difficult to determine market dominance,and the market share presumption method is difficult to apply to e-commerce platform companies,and new markets enter The emergence of barriers has made it more difficult to identify market dominance;third,the bottom line clauses in vertical monopoly agreements have obvious limitations,and their applicable subjects are single;fourth,the mechanism of the distribution of burden of proof is unreasonable,and the distribution of the burden of proof is unfair;third Fifth,the law enforcement system of anti-monopoly agencies is not perfect,and it is necessary to further improve the law enforcement methods.For the above reasons,the "choose one" behavior cannot be effectively regulated.Therefore,it is necessary to improve the existing relevant market definition methods to adapt to the field of e-commerce platforms,and consider introducing new definition methods such as profit model determination method.in the process of determining whether an e-commerce platform occupies a dominant market position,it is necessary to continuously raise market entry barriers At the same time,it is necessary to further weaken the decisive role of market share in determining market dominance.in order to break the predicament of the current vertical monopoly agreement clauses regulating the “choose one” behavior of e-commerce platforms,the court should be clearly given to the vertical monopoly.In addition,it is necessary to solve the problem of unreasonable distribution of the burden of proof in the process of litigation,and to distribute the burden of proof fairly.to further improve the law enforcement system of anti-monopoly law enforcement agencies,in order to better regulate domestic market competition and create a fair and open competitive environment.