Demolishing The “Internet Wall”:Research On Antitrust Regulation Of Platform Blocking Behaviors

With the rapid development of platform economy,the field of Internet has gradually entered the stage of monopoly competition.Platform economy under the“competitive monopoly market structure” presents different kinds of new monopoly forms,which make the market not only have the condition of competition and the potential of innovation,but also face the powerful monopoly control and even blockade of platform.Nowadays,large Internet platforms keep intensifying their market radiation intensity and control by extensively collecting data production elements and using unique algorithmic paradigms,and implementing “platform blocking” behaviors such as refusing to openly share “necessary data”,blocking web links,and artificially building traffic barriers.These behaviors will not only harm the market order and innovation opportunities,infringe on the interests of consumers,but even seriously affect the healthy and sustainable development of the Internet sector.Therefore,these behaviors have become the objects to be regulated urgently in the anti-monopoly concerning the platform economy.At present,it is the time when China vigorously promotes the anti-monopoly governance of platform economy and the new stage of development of interconnection of Internet platforms.The law enforcement in the field of anti-monopoly and Internet is constantly becoming more precise and professional,relevant laws have been introduced one after another,and the Anti-monopoly Law has formally entered the revision process.Therefore,it is reasonable and necessary to regulate the platform blocking behavior from the perspective of platform economy anti-monopoly.However,the anti-monopoly regulation,which is required to respond to the challenges posed by new technologies and new business models,is still faced with the double dilemmas both in theory and in practice in terms of defining the relevant market and affirmation of dominant market position.It is worth noting that not only China,but also the whole world has set off a wave of platform anti-monopoly.In particular,the European countries and the United States which have a long history of anti-monopoly,have taken the lead in making attempts and innovations to regulate such restricting competition as internet platform blocking.For example,the United States has resorted to judicial practice against Facebook’s“refusal to open data interface”,the European Union’s Digital Market Act created“gatekeeper” system to regulate “Core Platform Companies” to fulfill their obligations to prohibit blocking,and Germany’s Anti-restriction of Competition Act took the lead in legislating “refusal to open data interfaces may constitute a refusal to deal”.All of these experiences have to some extent provided new ideas for China to regulate Internet platforms.Therefore,China should make clear the differences of platform economic development level and political and economic background among different countries,on the one hand,learn from other mountains,on the other hand,based on China’s own practice of theory and system construction,try to explore the regulation path from three aspects:At the level of legal governance,platform blocking should be included in the scope of anti-monopoly consideration;at the level of Internet governance,coordination and cooperation between anti-monopoly and data governance should be promoted;at the level of technical governance,blockchain and other technological technologies should be used to support legal regulation,so as to escort the healthy and orderly development of platform economy in the Internet.