Research On Competition Law Regulation Of Malicious Incompatible Behavior On Internet Platforms

In today’s era,the development of the Internet economy is changing rapidly,and technology is profoundly shaping the economy and society with unprecedented intensity,and the problems arising from it are also in urgent need of governance in many areas of the economy and society.Internet platform malicious incompatible behavior refers to the Internet platform operators in order to obtain unfair competition benefits,the use of technical means to cause itself and other operators to provide products or services can not run at the same time or not completely normal operation.The malicious incompatibility of Internet platforms,which emerged along with the development of Internet economy and Web 3.0 era,has distinctive characteristics of the times and strong technical features.In response to the increasing number of competition disputes arising from product or service compatibility issues in the Internet market,Article 12 of the Anti-Unfair Competition Law,as amended in 2017,added a new clause on "malicious incompatibility".This article summarizes and refines the typical behaviors in judicial practice into legal provisions,and becomes an important basis for the legal regulation of malicious incompatibility of Internet platforms.However,the current regulation of malicious incompatibility on the Internet platform itself has a considerable degree of problems to be solved.By carefully sorting out the conceptual features and causes of malicious incompatible behavior on the Internet platform,targeted suggestions can be made.This paper takes the malicious incompatibility of Internet platforms as the research object,focuses on analyzing the problems of its regulation under the framework of the current anti-unfair competition law,and puts forward suggestions for improving the concept and principles of regulation,enforcement and regulatory innovation of malicious incompatibility of Internet platforms on the basis of the current competition situation in the field of Internet platforms.This paper will discuss the following four aspects.The first part is an overview of issues related to malicious incompatibility on Internet platforms themselves.Malicious incompatibility on Internet platforms is a new development of traditional malicious incompatibility in the context of the Internet platform economy,and the concept and characteristics of malicious incompatibility on Internet platforms can be more comprehensively clarified after the concept of malicious incompatibility has been sorted out.It is necessary to fully understand the causes of malicious incompatibility on Internet platforms,and to point out the impact of rapid technological development,abuse of the principle of technology neutrality,the cruelty of cross-industry competition in the field of Internet platforms and the lag of relevant laws and regulations on the spread of this behavior.On this basis,it is proposed that the malicious incompatibility of Internet platforms has four main hazards,including harming the interests of other competitors,infringing on the rights and interests of consumers,aggravating the closedness of platforms and impeding technological progress,and undermining the free competition order of the Internet platform market.The second part focuses on the legal application of malicious incompatibility on Internet platforms.The malicious incompatibility of the Internet platform is inherently special,which leads to the existence of various paths for its regulation.Based on the provisions of the relevant laws,regulations and departmental rules of the current anti-unfair competition law,we analyze several mainstream views on the regulation of malicious incompatible acts on Internet platforms,such as the regulation of the Anti-Monopoly Law,the regulation of the Civil Code and the regulation of the Anti-Unfair Competition Law,and then analyze the appropriateness of the anti-unfair competition law and clarify the choice of the regulation of such acts.The choice of the regulatory path for such conduct is clarified.The third part is an analysis of the problems in the legal regulation of malicious incompatible acts on Internet platforms.Specifically,firstly,there are certain problems with the concept and principles of regulation of malicious incompatibility on Internet platforms,such as the backwardness of the concept of regulation,the lack of flexibility in the principles of regulation and the lack of provisions on compatibility obligations.Secondly,there are also some problems in the determination of the conduct,highlighting the difficulty in determining "malicious" in the field of competition in the Internet platform,the lack of specific provisions on the manifestation of "incompatible" conduct and the vague determination of the competitive relationship.Finally,in the specific administrative enforcement,problems such as unclear division of administrative enforcement authority,lack of professionalism in administrative enforcement,and unreasonable design of administrative penalty standards also limit the effective regulation of malicious incompatible conduct on Internet platforms.Part Ⅳ proposes corresponding improvement measures for the issues raised in Part Ⅲ,based on the current situation in the field of Internet platform competition and the existing laws and regulations.Specifically,more attention should be paid to the public interest of society in the concept of regulation,more attention should be paid to the flexibility of the principle of regulation,and the establishment of the principle of compatibility obligation should be promoted.In response to the difficulties in identifying conduct,suggestions were also made to carefully identify "bad faith",typify incompatible conduct and optimize the idea of identifying competitive relationships.On the basis of the problems faced in administrative enforcement,recommendations were made to clarify the enforcement responsibilities of relevant departments,improve enforcement capabilities and innovative regulatory approaches,and set scientific standards for administrative enforcement penalties,in order to be effective.The author does not speculate shallowly,and hereby proposes to improve the regulation of malicious incompatible acts on the Internet platform and improve the system of administrative enforcement,in order to add to the relevant research,and to benefit from the regulation of malicious incompatible acts on the Internet platform in practice.