On The Legal Regulation Of "Choice One" Behavior Of Electronic Commerce Platform

In recent years,the economic field of e-commerce in China has developed rapidly,with e-commerce platforms in many industries.On the one hand,this phenomenon has led to the efficient allocation of social resources and improved the accuracy of social services;On the other hand,advantageous e-commerce platforms disrupt free and fair competition in the market,harming the legitimate rights and interests of other market economic entities,with the most prominent performance of platform operators’ "one out of two" behavior,such as Alibaba’s "one out of two" behavior,Vipshop’s "one out of two" behavior,and foodie’s "one out of two" behavior.How to better regulate the "one out of two" behavior of e-commerce platforms within the framework of the current legal system in China has become a core issue that needs to be addressed urgently at present and in the future.This article uses case analysis,comparative analysis,normative analysis,and other methods to study the legal regulation of "one out of two" behavior on e-commerce platforms in China.In addition to the introduction,the full text is divided into the following four parts:The first part is the basic theory of legal regulation of the "two choice" behavior of e-commerce platforms in China.This section describes the definition and characteristics of"one out of two" behavior,and further analyzes the positive and negative effects of "one out of two" behavior on competition.On this basis,it points out the theoretical basis for the legal regulation of the "two choice" behavior of the platform.The second part is about the current situation and existing problems of legal regulation of"one out of two" behavior on e-commerce platforms in China.This section analyzes the current situation of platform legislation and typical "two choice" cases in law enforcement practices,and points out that the problems existing in the legal regulation of "two choice"behavior on platforms are mainly reflected in three levels:at the legislative level,relevant market definition methods are backward,there are difficulties in determining market dominance,and the provisions of vertical monopoly agreements encounter obstacles;At the law enforcement level,market collaborative governance is not fully utilized,regulatory bodies focus on ex post supervision,and there is a lack of specialized law enforcement agencies;At the judicial level,there is insufficient judicial experience,imperfect remedies for obligees,and unreasonable allocation of the burden of proof.The third part is about the current situation and experience of legal regulation of "one out of two" behavior on overseas e-commerce platforms.This section compares and analyzes the experience of representative countries in regulating the "one out of two" behavior of platforms,and believes that it is worth learning from the experience of adjusting relevant market definition methods and strengthening the supervision of e-commerce industry systems.The fourth part is the core content of the article,which is the suggestions for improving the legal regulation of the "two choice" behavior of e-commerce platforms in China.This section aims at the current development situation and existing problems of e-commerce platforms in China,and combines foreign experience with reference to put forward suggestions for improving the legal regulation of "one out of two" behavior on e-commerce platforms,specifically including three levels:at the legislative level,optimizing relevant market definition methods,improving the recognition of market support status,and improving the content of vertical monopoly agreements;At the law enforcement level,improve the collaborative governance system,strengthen proactive regulatory measures,and establish professional law enforcement agencies;At the judicial level,the establishment of a case guidance system,the establishment of an antitrust private initiation mechanism,and the optimization of the allocation system of the burdenof proof are expected to provide some inspiration for the legal regulation of the "one out of two" behavior of e-commerce platforms in China.