Research On The Legal Regulation Of Exclusive Transaction Behavior Of E-commerce Platform

In order to obtain more benefits,the enterprises usually require the other party to choose themselves as the counterpart of the transaction,so as to exclude the third party.As a kind of monopolistic behavior,it has been shown in every field of market economy.The birth of exclusive trade is far earlier than e-commerce platform.As part of the Internet industry,e-commerce platforms,especially with the rapid development of Internet technology and the participation of major non-traditional e-commerce platforms,in addition to traditional e-commerce platforms such as Taobao,jd.com,Doddo pin and weipin,there are also platforms such as tiktok and Kuaishou that have changed from short video platforms to those with an e-commerce nature.There are two sides to the exclusive transaction behavior,we should combine the specific data to judge whether the implementation of e-commerce platform exclusive transaction behavior to social and economic development has negative effects.With the development of e-commerce economy in our country,the proportion of platform economy in national economy is increasing,so how to effectively regulate the legal problems of e-commerce platform in the process of national economy development is very important.This paper focuses on the anti-monopoly regulation of the exclusive transaction behavior of e-commerce platform.This paper mainly deals with the causes,characteristics,market dominance,the difficulties and keys in regulating the exclusive transactions on e-commerce platforms,and the harmfulness of the implementation of exclusive transactions on e-commerce platforms,as well as the legal regulation method and the regulation path.This article altogether elaborated six parts content,extracts the introduction and the conclusion part,each part main content as follows:The first part is the basic theory of e-commerce platform exclusive transaction.This paper expounds the connotation and characteristics of e-commerce platform and exclusive transaction,and analyzes the harmfulness of e-commerce platform exclusive transaction from four aspects.The second part mainly elaborates the current legal regulation status of our country’s e-commerce platform exclusivity transaction,and deeply analyzes the dilemma of regulating our country’s e-commerce platform exclusivity transaction.At present,our country has initially established the system of relevant laws and regulations of exclusive transaction regulation,but there are still some deficiencies in the regulation of e-commerce platform anti-monopoly,through the analysis of“E-commerce law”,“Anti-monopoly law” and“Anti-unfair competition law”,this paper mainly expounds the problems and key points of the regulation of exclusive transactions on e-commerce platforms,it also provides legal guidance for regulating exclusive transactions on e-commerce platforms in the future.The third part mainly expounds the experience of anti-monopoly regulation of exclusive transaction in Internet industry of the United States,Japan,European Union and other countries.Through the study and analysis of the exclusive transaction regulations in the United States,the European Union and Japan,and through the comparative analysis of the regulations in the United States,Japan and the European Union on the exclusive transaction behavior of Internet Enterprises,this paper analyzes and summarizes the methods and experiences of anti-monopoly Regulation in,Europe and Japan,and provides reference for our country’s e-commerce platform anti-monopoly regulation.The fourth part is to our country e-commerce platform exclusive transaction anti-monopoly regulation perfect suggestion.From the current situation,although our country has accumulated some experience in the anti-monopoly regulation of the exclusive transactions on e-commerce platforms,according to the existing cases in our country,the existing e-commerce platform of anti-monopoly regulation cases is still in a rare state.In the future,it is still necessary to redefine the relevant market,change the direction of determining the dominant market position of e-commerce platform,break through the traditional definition of the relevant market and the old thinking mode of determining the dominant market position,we should reasonably allocate the burden of proof,standardize the judging standard of illegal acts,establish the case guidance system,safeguard the authority of our country’s judicature and law enforcement,and promote the rule of law.