Research On Antitrust Regulation Of Internet Platform Abuse Of Dominant Market Position

Based on its special business model,Internet platforms abuse their dominant market position,such as "two choices" and "self-preferential treatment",which have become the main harm to the order of digital competition.Countries have reached a consensus on the regulation of abuse of dominant market position by Internet platforms.In 2022,the Anti-Monopoly Law of the People’s Republic of China was revised to include abuse of dominant market position by platforms for the first time,providing scientific guidance for anti-monopoly regulation of abuse of dominant market position in the field of Internet platforms.In practice,there are still problems about how to effectively regulate the abuse of dominant market position by Internet platforms.Therefore,under the existing anti-monopoly framework,it is of theoretical and practical significance to discuss how to effectively regulate the abuse of dominant market position by Internet platforms.In this paper,literature research method,comparative analysis method,case analysis method and other research methods,starting from the characteristics of the Internet platform and its abuse of dominant market position,put forward the existing legal regulations on its problems and corresponding solutions.First,based on the economies of scale theory and the transmission effect theory,this paper introduces the meaning and characteristics of Internet platforms in the new era,the forms and characteristics of abuse of dominant market position by Internet platforms,and the necessity of effectively regulating abuse of dominant market position by Internet platforms.Secondly,the paper elaborates the problems existing in the anti-monopoly practice in our country,including unclear definition of related market,difficulties in identifying dominant market position and abuse,imperfect coordination mechanism between anti-monopoly law enforcement agency and industry competent authorities and insufficient law enforcement ability,insufficient experience of anti-monopoly judicial organ and the current burden of proof system is not applicable.Thirdly,taking the United States and European Union as an example,it analyzes the beneficial explorations of foreign countries in the anti-monopoly regulation of Internet platforms in order to provide some realistic experience for the regulation of anti-monopoly of Internet platforms in our country.Finally,on the basis of summarizing the above,suggestions are put forward to solve the abuse of dominant market position of Chinese Internet platforms,including strengthening the anti-monopoly legislation concept of tolerance and prudence,clarifying the identification standards of relevant markets,improving the identification standards of dominant market position and abusive behavior,strengthening the coordination mechanism between anti-monopoly law enforcement agencies and industry authorities and their own law enforcement capacity.And the judicial suggestions to lighten the burden of proof and establish the case guidance system.