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Research On Merger Remedy Of Internet Platform Enterprises In China

Posted on:2024-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:L HuangFull Text:PDF
GTID:2556307052980899Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,the centralized integration led by super Internet platform enterprises has become the new normal of monopoly in the current platform economy.The concentration of Internet platform enterprises has two sides: on the one hand,through the centralized integration of this market behavior,Internet platform enterprises can strengthen their strength,exert economies of scale and improve their competitiveness;On the other hand,the concentration of Internet platform enterprises,especially those with dominant market positions,will destroy the original market structure,may lead to the elimination and restriction of effective competition in the market,and harm the interests of other competitors and consumers.The contradiction of the concentration of Internet platform enterprises makes it necessary to seek a compromise solution,which can not only meet the normal needs of enterprises to expand scale and improve economic efficiency,but also eliminate the adverse consequences of eliminating and restricting competition brought about by concentration to the greatest extent.The Anti-Monopoly Law provides a compromise solution to deal with this contradiction,namely the remedy of concentration of undertakings,also known as the concentration of additional conditions.However,the complexity of the concentration of Internet platform enterprises and the generality of the provisions of the centralized relief system of China’s Anti-Monopoly Law make the institutional construction and legal application of centralized relief for Internet platform enterprises need to be further studied and deepened.The main part of the article consists of four chapters,aiming to deepen the understanding of Internet platform enterprises and the concentration of platform enterprises,deeply understand the concept of centralized relief of Internet platform enterprises and the analysis logic of centralized relief,sort out the legislative norms and law enforcement status and existing problems related to centralized relief of Internet platforms in China,and put forward feasible suggestions for the standardization and improvement of centralized relief of Internet platform enterprises in China and the optimization of law enforcement.Chapter Ⅰ provides a general overview of the concentration of Internet platform enterprises.This part combines the normative expression or theoretical deconstruction of the definition of Internet platform enterprises at home and abroad,clarifies the concept and characteristics of Internet platform enterprises,analyzes the concentration and concentration characteristics of Internet platform enterprises,and explains the current situation of Internet platform enterprise concentration in China according to the data of research institutions.Chapter Ⅱ is an analysis of centralized relief for Internet platform enterprises.This part analyzes the centralized relief of Internet platform enterprises,explains the core meaning of centralized relief for platform enterprises,and focuses on the necessity and scientificity of applying centralized relief measures to the centralized control of Internet platform enterprises.On this basis,this part also discusses the analytical framework of centralized relief for Internet platform enterprises,explains the application of macro paths of centralized relief,focuses on the analysis of the different anti-competitive effects of horizontal and vertical concentration of Internet platform enterprises,and puts forward opinions on the application of relief measures.Chapter Ⅲ is the current situation and problems of centralized relief for Internet platform enterprises in China.This part examines the normative situation and law enforcement situation related to the centralized relief of Internet platform enterprises in China.From the normative level,in recent years,the construction of China’s anti-monopoly normative system has entered the fast lane,and many regulations related to Internet platform enterprises are being revised,and the existing normative status of centralized relief for Internet platform enterprises has been sorted out,and after analysis,it has been found that there are problems such as insufficient coordination between norms,unclear meaning in the field of national economy and people’s livelihood,and lack of operational behavioral relief measures.From the law enforcement level,China’s concentration of undertakings law enforcement has made great progress,and there have been many cases of centralized relief,but in the field of Internet platform enterprises,there have been no cases applying relief measures for concentration of undertakings,highlighting the incompatibility of centralized declaration standards,the challenges faced by existing centralized review standards,and the insufficient disclosure of information in centralized review cases.Chapter Ⅳ is the improvement of centralized relief for China’s Internet platform enterprises.This part puts forward suggestions for improving the problems highlighted by China’s Internet platform enterprises from the legislative level and law enforcement level.The improvement of legislation mainly includes the reshaping of regulatory concepts from inclusiveness and prudence to the concept of standardization and normalization of development,strengthening the coordination between competition policy and other economic policies,promoting the connection between the Anti-Monopoly Law and supporting regulations,clarifying specific areas of the national economy and people’s livelihood,and refining behavioral relief measures.The improvement of law enforcement is mainly carried out from three aspects: the introduction of multiple centralized filing standards,the innovation of traditional centralized review standards,and the strengthening of information disclosure for centralized relief.
Keywords/Search Tags:Antitrust law, Merger remedy, Internet platform enterprises, restriction conditions
PDF Full Text Request
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