Inspection And Improvement Of China’s Centralized Review System For Operators In The Internet Field

Along with the development of Internet and algorithmic techniques,With the development of Internet algorithm technology,The Internet has become one of the most representative commercial forms of digital economy.However,the concentration of operators in the Internet sector is facing challenges,after the acquisition of Didi case,the concentration of the Internet sector has been the academic and social attention.In December2012,at the Central Economic Work Conference,this issue was discussed,and "strengthening anti-monopoly and preventing the disorderly expansion of capital" was put forward.At the same time,the pace of anti-monopoly has been continuously deepened.Subsequently,The law enforcement agencies investigated and punished Group for suspected monopolistic conduct such as "two-selection and one-selection",and a series of cases involving concentration of undertakings in the Internet sector were punished and announced.In this context,the clarity of the traditional operator concentration review system seems to be weakened in front of these cases,difficult to apply to the Internet field.This is not the biggest difficulty,most importantly,how to assess market forces,how to evaluate its impact on the market,these issues have been a great controversy.These difficulties are related to the uncertainty of the impact of data on the market,such as network effects,dynamic competition and disruptive innovation,the decline of market share guidelines,the application of new technologies,and the evaluation of market forces.Based on the practice and research results of the concentration of business operators in the Internet field,this paper tries to come up with some advice on how to deal with the problem.Firstly,the concentration of anti-monopoly review of Internet enterprises to explore ideas,to take a more inclusive and flexible form of regulation.In order to avoid the impact on the competition in the market,flexible declaration standards may be adopted to explore other examination standards if it is unable to determine whether the impact on the competition is concentrated;secondly,the nature of competition shall be clarified,and the scale and other elements of the relevant market shall be taken into account,especially in the case of free use,the relevant market shall be defined for the purpose of weakening the bilateral market;thirdly,this paper holds that the impact of data cannot be ignored in the competition,and multiple factors such as new technologies and privacy shall be taken into account to accurately assess the market forces.Finally,the user welfare is used as a measure to better reflect the competition effect.In the case of concentration of Internet business operators,strengthen the neutrality of review bodies and transparency of review work on the premise of not affecting market competition,and establish a private implementation system in due time to ensure the participation of relevant subjects in such cases.