Research On Antitrust Regulation Of "choose One Of Two" Behavior In The Platform Econom

In recent years,the Internet industry has entered a new era of platform economy.With its advantages accumulated over the years and strong backwardness,China ranks among the forefront of development and has become the leader of platform economy all over the world.The huge economic benefits created by the platform economy is known to us all.However,with the boom of platform economy,there has been competition chaos such as "one out of two" behavior,which impacts the market competition order.The legal nature and regulation path of "one out of two" behavior has not only become a hot topic in the academic circles,but also triggered a wide discussion in the society.The first chapter of this paper first introduces the meaning and characteristics of "one out of two" behavior,and discusses the legitimacy of "one out of two" behavior.The act of "one out of two" is not necessarily illegal,but should be determined after comprehensively weighing its positive and negative effects in certain case.If the act of "one out of two" is far more destructive than constructive in the effect of competition,causes adverse affects to the legitimate interests of other market economy participants as well as consumers,and destroys the fair and free market order,it should be prohibited by law.However,During the course of enforcement of law and justice in our country,there is no complete and unified normative system for "one out of two" behavior,and there are problems of unclear law enforcement and judicial standards and different applicable laws,which also leads to three main problems discussed in this paper: First,there are disputes on the legal nature and regulation path of "one out of two" behavior;Second,The monopoly type and anti-monopoly regulation mode of "one out of two" behavior are not clear;Third,The current anti-monopoly rules cannot be effectively applied to the "one of two" behavior.The following three chapters discuss the above three problems respectively.The second chapter discusses the legal nature and regulation path of "one out of two" behavior.After analyzing several mainstream views on the regulation path of "one out of two" behavior in the theoretical circle,it is found that either the anti unfair competition or the e-commerce law has natural limitations in regulating the "one of two" behavior;The path of multi sector law collaborative regulation seems to be comprehensive,but in fact,it is very easy to fall into the situation of different implementation norms and confusion of applicable laws;The introduction of the system of abusing comparative advantage not only lacks the necessity,but also leads to potential risks."One out of two" behavior may have the effect of excluding and restricting market competition.It has the attribute of monopoly behavior,and the loss of social welfare is more serious than ordinary unfair competition behavior,which should be regulated by the anti-monopoly law.The application of the anti-monopoly law requires rigorous legal and economic analysis and demonstration,which can prevent the law enforcement and judicial organs from improperly interfering with market competition and dampening market vitality and innovation.The anti-monopoly law has high punishment and strong deterrence.It is the most effective tool to maintain market competition and consumer welfare.The "one out of two" behavior of the regulation platform of the anti-monopoly law can produce better legal application effect and social demonstration effect.Therefore,we should mainly regulate the "one of two" behavior according to the anti-monopoly law.The third chapter analyzes the monopoly types and anti-monopoly regulation methods of "one out of two" behavior.According to whether the platform and the operators in the platform have a real and free agreement when reaching the "one out of two" behavior,the "one out of two" behavior can be classified into into mandatory and voluntary types.The compulsory "one out of two" behavior is closer to abuse of market ascendancy in form,and the consensual "one out of two" behavior is closer to the vertical monopoly agreement.In practice,the anti-monopoly regulation of "one out of two" behavior in China adopts the clause prohibiting abuse of market ascendancy,but the applicable threshold of this clause is high.In theory,the vertical monopoly agreement system can also be used to solve the problem of "one out of two",but there is no legal attempt based on this system in law enforcement and judicial practice,A single anti-monopoly regulation model is not enough to effectively regulate the "one of two" behavior.For the antitrust regulation of "one out of two" behavior,the dual antitrust regulation mode of vertical monopoly agreement system and abuse of market ascendancy should be adopted.Specifically,the vertical monopoly agreement system can be applied when both parties voluntarily reach an agreement;If there is no agreement between the two parties or it is difficult to prove,the system of abusing market ascendancy can be applied on the premise that the platform has the market ascendancy.The two systems complement each other and can form a more comprehensive regulatory system for the "one of two" behavior.The last chapter mainly expounds the identification dilemma and improvement suggestions of "one out of two" behavior under the current antitrust rules.China’s current anti-monopoly law is limited by the traditional unilateral market anti-monopoly theoretical framework,which is fairly different from the current practice of platform economy.Platform economy has new characteristics different from the traditional market,such as multilateralism,asymmetric pricing,cross network externality,"winner takes all" and so on,which brings challenges to the application of anti-monopoly law.Combined with the current difficulties faced by the anti-monopoly regulation path of "one out of two" behavior in China,this chapter puts forward corresponding suggestions to improve the anti-monopoly regulation path of "one out of two" behavior and enhance the operability of the specific rules of the current anti-monopoly law in the field of platform economy.