Research On Competition Law Regulation Of Platform Blocking Behavior

Platform blocking behavior is the product of the rapid development of the Internet industry and the by-product of the increasingly fierce competition in the Internet market.The term "blocking behavior" is not originally a normative legal concept,but it has drawn much attention from the legal practice and theoretical circles because it has been frequently used by various Internet platforms in recent years and has brought great trouble to consumers.In the context of Internet competition behavior,the connotation of platform banning behavior can be integrated as follows: an Internet platform refuses to share or use links,content or other functions of other specific platforms on this platform with technical means for the purpose of blocking traffic or data transmission.The subject of platform blocking behavior is generally "super platform",while the subject of blocking includes the homogeneous competition platform of the implementer and other platforms that do not belong to its own business ecosystem.The subjective intention is fuzzy and concealed,and the objective manifestation mainly includes link blocking,data blocking and denial of service.Data and traffic become the core competitive elements of the Internet market and the need to build the platform business ecosystem has stimulated the breeding and overflowing of platform blocking behavior,leading to competition damage in several aspects,including high market entry barriers,lack of innovation impetus and limited consumer choice.At present,the competition law regulation of platform banning behavior is a typical post-regulation model on the whole,which gradually exposes the disadvantages of low efficiency and lag in the field of platform economy.The existing anti-unfair competition system and anti-monopoly system have great applicability problems in regulating the ban behavior of platform.The malicious incompatibility clause of the former and the abuse of dominant market position clause of the latter are difficult to apply due to their fuzziness and complexity.Advanced international legislation such as the Digital Market Law of the European Union,the tenth Amendment of the Anti-Restrictive Competition Law of Germany and the series of Laws regulating digital Platforms of the United States can provide new ideas for the regulation of platform banning behavior in China: the regulation concept should return to structuralism.