Research On Anti-monopoly Legal Regulation Of Internet Platform Economy

Nowadays,the Internet platform economy has become the biggest driving force for the development of the world economy.It has deeply penetrated into all aspects of social life,and has a profound impact and change on people’s behavior,business models of enterprises,and many traditional goods,the nature of services,and the allocation of economic resources.At present,the huge impact of monopolistic behavior in the Internet platform economy on the normal operation of the market economy is attracting widespread attention.With the capital expansion of the super-internet platform and its extensive penetration into various fields of society,people are worried about national security,economic security and livelihood security.Therefore,it is very important to restrain the disorderly expansion of capital and excessive competition of Internet platform giants by means of anti-monopoly measures,which is also an important opportunity for the Anti-monopoly Law to play its role.China imposed 18.228 billion and 3.442 billion penalties on Alibaba and Meituan respectively in April and October 2021.At the same time of punishment,it has also issued the Administrative Instruction to urge it to carry out a comprehensive rectification in strengthening its internal control and compliance management,ensuring fair competition in the market economy,and safeguarding the legitimate rights and interests of merchants and consumers in the platform,and will continue to submit a self-inspection compliance management report to the State Administration of Market Supervision for three years.According to the Annual Report on China’s Anti-monopoly Law Enforcement(2021)issued by the State Administration of Market Supervision,a total of 175 monopoly cases were investigated and dealt with in 2021,including 126 monopoly cases in the field of platform economy,with a total amount of 21.74 billion yuan.From this,we can see China’s firm position and confidence in strengthening the anti-monopoly supervision of the Internet platform economy and maintaining a good and healthy competitive environment in the field of the Internet platform economy.Internet platform companies use their unique market dominance to engage in monopolistic behaviour that not only violates the rights and interests of consumers,but also deeply affects relevant competitors and further disrupts the good competition regime in the economic area of the Internet platform.The adverse impact on the development of China’s market economy is obvious.In rnse,thespoe 35 th meeting of the Standing Committee of XIII voted.National People’s Congress for the adoption of the Decision amending the Antimonopoly Law of the People’s Republic of China.This is the first revision of the Antimonopoly Act since its publication in 2008,to maintain the order of fair competition and establish and improve a unified,competitive,open and orderly market system.Undoubtedly,this is an important progress in China’s anti-monopoly supervision of the business activities of Internet platform enterprises.On the one hand,the state should promote and encourage the steady and sustainable development of the Internet economy,but at the same time,it must also safeguard the rights and interests of all parties,including consumers,and strengthen the comprehensive supervision through the state’s intervention in the past,the middle and the future,so as to improve the supervision efficiency.However,in this environment of encouraging the development of new business forms of the platform economy,there are still certain loopholes in the Anti-monopoly Law.How to better prevent their monopoly behavior,implement decisive post-supervision measures,maintain the healthy and sustainable development of the Internet platform economy,and maintain a good competition order has become a major issue that our anti-monopoly law urgently needs to solve.The main body of this thesis is divided into four parts.First,it studies the theoretical basis of the anti-monopoly legal supervision of the network platform economy.This includes the economic meaning and characteristics of the network platform,as well as the definition of the economic monopoly behavior of the network platform;Through judicial and law enforcement,this thesis analyzes the relevant issues of anti-monopoly in the network platform economy.First of all,there is an urgent need to reform the rules on the abuse of market comparative advantage and the existing provisions on the legal liability of anti-monopoly in the network platform economy from the legislative level.Because the liability system of platform monopoly needs to be improved,and the criminal liability provisions are inaccurate.Second,At the judicial level,we briefly introduced the current situation and existing problems of the jurisdiction of China’s network platform monopoly cases,and then we studied that the notarial evidence preservation system is not perfect,the public litigation system has not yet attracted the attention of legislation,and finally there is the anti-monopoly law enforcement dilemma of the network platform economy,These include the law enforcement difficulties caused by the algorithm of hiding the anti-monopoly behavior of the network platform economy and the insufficient protection of the anti-monopoly law enforcement of the network platform economy.The third part outlines the two different regulatory strategies of the EU and the United States,as well as the economic anti-monopoly law regulatory strategies of foreign network platforms,including the disclosure of China.The fourth part discusses the perfection of the legal system of economic anti-monopoly on our network platform.From the legislative point of view,it is suggested that after the establishment of a special chapter on the platform economy in the Anti-monopoly Law,the provisions on the responsibility of the monopoly behavior of the network platform company should be improved;From the legal point of view,it is suggested to improve the jurisdiction system of network platform monopoly cases,the evidence preservation and notarization system of network platform monopoly cases,and the public interest litigation system of network platform economic monopoly cases;Finally,from the perspective of law enforcement,it is suggested to formulate law enforcement strategies,solve the problem of algorithmic collusion,and promoting law enforcement recruitment and talent development.From the perspective of law enforcement and justice,it is possible to better monitor the competition related to Internet platform enterprises and promote the benign development of Internet platform economy.