Research On The Regulation Of Platform Banning By Competition Law

In recent years,with the rapid development of digital platforms,monopolistic behaviors and unfair competition behaviors have emerged in the digital field of the Internet.Platform ban is a common behavior in the current network competition.A series of banned behaviors,such as platform link ban,content ban,data shielding,refusal to provide services,and removal of applications or applets.The ban on the platform will impair the welfare of consumers,hinder the technological innovation of the industry,disrupt the order of market competition and have a certain impact on the formation of competitive market structure.It is urgent to regulate the ban on platforms.Therefore,from the perspective of competition law,that is,anti-monopoly law and anti-unfair competition law,this paper makes an all-round exploration of the ban on platforms.In addition to the introduction and conclusion,this paper consists of five parts.The first part expounds the general principle of platform banning behavior.Firstly,the connotation of platform banning behavior is analyzed.The connotation of banning behavior is analyzed in detail from the aspects of the subject,means,object and purpose of banning.Secondly,from the perspective of the development of internet industry and internet platform,the causes of the ban on platforms are expounded.Thirdly,the types of platform ban are analyzed.According to the different manifestations of platform ban,it can be divided into positive ban and negative ban.Finally,the influence of the platform ban behavior is analyzed.According to the different effects of the platform ban behavior,its influence can be divided into negative influence and positive influence.The second part analyzes the current situation of competition law regulation of banned behavior in China.Analyze from two angles: monopolistic behavior and unfair competition behavior.On the one hand,it analyzes the current monopoly form and the current anti-monopoly law analysis paradigm of the platform ban,on the other hand,it analyzes the current unfair competition behavior form and the anti-unfair competition law analysis paradigm of the platform ban.The third part analyzes the dilemma of competition law regulation of platform ban in China.The regulatory difficulties of anti-monopoly law mainly involve the definition of relevant markets,the determination of market dominance and the determination of illegality.The anti-unfair competition law mainly involves the overlapping of some provisions in the revised draft and the limitations of applying malicious incompatibility clauses.The fourth part investigates the regulation of competition law on the ban of platforms abroad.This paper mainly investigates the "gatekeeper system" in the Digital Market Law of the European Union and the "abuse criterion of cross-market competition influence" in the Anti-Restrictive Competition Law of Germany,and finally puts forward the enlightenment and reference for the ban on platforms in China.The fifth part puts forward some suggestions on the regulation of the banned behavior by competition law.It is divided into the perfect path of anti-monopoly law regulation and the perfect path of anti-unfair competition law regulation.In the regulation of anti-monopoly law,it is proposed to optimize the definition method of relevant markets,improve the way of determining market dominance and improve the path of judging illegality.In the regulation of anti-unfair competition law,it is proposed to set up a special chapter on digital economy and define the criteria for malicious incompatibility.