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Anti-monopoly Regulation Of Internet Platform Companies

Posted on:2023-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y X LiFull Text:PDF
GTID:2556307037984109Subject:legal
Abstract/Summary:PDF Full Text Request
2021 is my country’s "first year of anti-monopoly",and the country has continuously demonstrated its anti-monopoly determination.On February 7,2021,the Anti-Monopoly Committee of the State Council issued the "Anti-Monopoly Guidelines on the Platform Economy".The State Administration for Market Regulation issued an administrative penalty on April 10,2021,requiring Alibaba Group to terminate the relevant monopolistic behavior and issue a fine of 18.228 billion yuan.Meituan was also fined 3.442 billion yuan on October 8,2021 for "choose one from two" behavior.The emergence of these cases has aroused the high attention of the public and the attention of the academic community,which has brought a negative impact on the Internet platform market.It is imperative for the state to impose anti-monopoly regulations on Internet platforms,and it is necessary to strengthen anti-monopoly regulations on Internet platform companies.By defining the concept of Internet platform,this paper analyzes the type of Internet platform enterprise monopoly and the status quo of law enforcement,combined with relevant cases,it is found that with the increase of comprehensive strength of Internet platform itself,it has gradually formed a dominant position in many fields.In order to seek greater interests,the platform uses this status to implement monopolistic behaviors such as data monopoly,concentration of operators,and bans,disrupting the market order,and needs to be regulated by the Anti-Monopoly Law.There are some problems in the anti-monopoly regulation of Internet platform enterprises.Algorithms,as an indispensable technical means for data monopoly,face problems such as identification and improper use;there are problems such as large discretion,lack of openness,and insufficient participation in the examination of concentration of operators;"The form of regulation,the ambiguity and extensiveness of the relevant market,the difficulty of calculating market share and the difficulty of providing evidence for victims,make anti-monopoly law enforcement facing difficulties.In response to the anti-monopoly regulation of Internet platform companies,the reconciliation and relief system should be fully used in data monopoly,punitive damages will be introduced into data monopoly infringement,and a multi-disciplinary supervision system will be established;the relevant laws and regulations on the concentration of platform operators will be refined,the reporting standards will be refined,and the reporting will be simplified.Procedures,provide specific exemptions,make anti-monopoly review more open and transparent,and improve the review hearing system;introduce special laws and regulations to regulate bans or add bans in the abuse of market dominance in the Anti-Monopoly Law.The main function of the service replaces the traditional method of defining the relevant commodity market,distinguishing the online and online and offline cross-product services to define the relevant regional market,improve the calculation of market share,and improve the burden of proof system to clarify the market dominance.
Keywords/Search Tags:internet platform, antitrust, data monopoly, business merger, ban
PDF Full Text Request
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