The Legal Provisions Of Platform Ban Behavior From The Perspective Of The Anti-Unfair Competition Law

In the context of the rapid development of the Internet,the platform economy has sprung up,such a new economic form with data as the key production factor and network information infrastructure as an important support has attracted many operators to enter,in today’s "traffic"-oriented era,platform operators with the help of the Internet to constantly change and update platform services,attract more user traffic,enhance market competitive advantage to obtain more commercial interests,but also caused a variety of new Internet competition disputes,In the complex and rapidly changing online platform market,the frequent occurrence of platform bans not only has a multifaceted impact on the legitimate interests of operators and consumers,but also endangers the smooth operation of market competition order.Under various complex and diverse manifestations,the blocking of links to other platforms has continuously aroused heated discussions in the legislative and judicial circles,and how to reasonably and appropriately regulate the remaining platform blocking behaviors has become an important issue under the premise of excluding legitimate reasons,not causing great damage to other operators and consumers,and not disrupting the smooth operation of the market economic order.This article will first analyze the background of platform banning,briefly summarize the current situation of the regulation and development of relevant competition behaviors under the Anti-Unfair Competition Law at home and abroad,and further clarify the concept and characteristics of platform banning.The platform blocking behavior mentioned in this article has a strong Internet field attribute,which is a type of market behavior that frequently occurs among Internet platform operators,and platform blocking is often manifested as various behaviors that exclude or restrict other platforms or specific users within the platform due to competition for platform users,traffic and channels,objectively showing the characteristics of "refusing transactions" or "limiting transactions".Platform banning has had varying degrees of impact on many parties in judicial practice,but in fact,platform banning should not be completely denied,and all of them should be recognized as acts of unfair competition.In the environment of market competition,the emergence of platform blocking behavior is inevitable,and some blocking behavior is also a reasonable manifestation of platform management behavior,therefore,it should first determine whether the platform blocking behavior is legitimate,if it is improper and illegal platform blocking behavior,it needs to be adjusted by law.To identify and identify platform blocking behaviors,we must first conduct research on the judgment and determination of the impropriety of the behavior,analyze from the three aspects of whether the platform blocking behavior has the effect of restricting market competition,whether it harms the legitimate rights and interests of consumers,and whether it is for legitimate reasons,combined with the regulatory status of China’s Anti-Unfair Competition Law,it is analyzed and summarized that China’s Anti-Unfair Competition Law still has some problems in the regulation of platform blocking behavior: the legislative criteria for determining legitimacy are still not sufficiently detailed.The lack of guidance has led to too much room for discretion in judicial practice;The regulatory provisions on online unfair competition in the Anti-Unfair Competition Law have different paths in practice,affecting the authority and accuracy of the law.The protection of consumer rights and interests is still lacking,and it is impossible to provide effective protection at all levels without careful consideration.Finally,in view of the above separate research on the existing problems,starting from the perspective of competition law,combined with the characteristics of market competition,fully considering the legitimate interests of platform operators,the protection of consumers’ rights and interests,the maintenance of market competition order,and the innovative development of the Internet market,etc.,suggestions are put forward that are more conducive to getting out of the regulatory dilemma,helping to build a more complete competition law system,maintaining a fair and orderly Internet market competition order,and promoting the healthy development of the platform economy.