On The Legal Regulation Of Internet Platform Monopoly Agreement

Internet Platform monopoly agreement is a kind of platform monopoly behavior.It is an agreement,decision or other cooperative behavior of platform operators to exclude and restrict competition.It usually shows three forms: horizontal monopoly agreement,vertical monopoly agreement and hub-and-spoke agreement.It is a violation of the fair competition order by the Internet platform in order to compete for a limited number of users,based on its own advantages.Different from the traditional monopoly agreements,the conclusion and implementation of platform monopoly agreements are secretive and technical,usually with tacit collusion and involving a wide range of interests.Platform monopoly agreements often last for a long time and do great harm,which not only seriously damages the market order of free competition and the legitimate rights and interests of other operators in the market,but also infringes on the legitimate rights and interests of consumers and affects the healthy development of the digital economy and even the national economy.Therefore,it is very urgent and necessary to strengthen the legal regulation and governance of platform monopoly agreements.Through combing the relevant laws and regulations,combining with the current situation of law enforcement and judicial cases,we can find that the state has paid attention to this kind of behavior and intensified its crackdown,and achieved remarkable results.However,there are still some outstanding problems in the legal regulation and governance of Internet monopoly agreements in China.Mainly manifested in: in legislation,the definition of monopoly agreement is not clear,the classification is simple,and the exemption situation is not clear;Judicially,there are uncertainties in the operation of the subject of monopoly agreement,the determination of monopoly facts,the determination of subjective intention and the determination of illegality.In law enforcement,the law enforcement system is imperfect,the law enforcement methods are backward,and the law enforcement level needs to be improved.This kind of problems have caused the dilemma of legal regulation of monopoly agreements on Internet platforms in China,which needs our efforts to study and solve.In order to further strengthen the legal regulation and governance of Internet platform monopoly agreements,we must proceed from China’s national conditions and learn from the advanced experience and positive achievements of foreign countries to improve the existing outstanding problems in legislation,judicature and law enforcement.The specific countermeasures and suggestions are as follows: First,in legislation,it is necessary to clarify the definition of monopoly agreements,refine the classification of monopoly agreements and clarify the boundary of exemption;Second,in the judicial aspect,in the determination of monopoly agreements,the determination of subjects,objective facts and subjective intentions is made clear,and the illegality determination principle of "reasonable principle" is mainly adopted,and relevant factors are comprehensively considered according to the characteristics of platform monopoly agreements;Third,in law enforcement,it is necessary to improve the law enforcement system,innovate the law enforcement methods and improve the law enforcement level,so as to relieve the pressure in the process of law enforcement.Through the three-dimensional promotion of legislation,judicature and law enforcement,we can realize the precise punishment for the monopolistic behavior of Internet platform agreements,combat the fluky psychology of using the characteristics of Internet platform to implement monopolistic illegal behavior,strengthen market competition,and promote the healthy development of national economy!...