Alibaba "Choose One Or Two" Case Anti-monopoly Law Research

In recent years,the Internet industry has continued to develop and grow.While the Internet platforms quickly seize the market with the help of big data advantages,the abuse of market status has also gradually emerged。At the present stage,China’s abuse of dominant market position in the Internet field is mainly determined in accordance with the Anti-monopoly Law of the People’s Republic of China(hereinafter referred to as the Anti-monopoly Law)and the Anti-monopoly Guidelines of the Anti-monopoly Law Enforcement Organs Committee of The State Council on the Field of Platform Economy(hereinafter referred to as the Guidelines).Alibaba’s "one alternative" case,as the first national monopoly dispute case over the abuse of the dominant market position on the Internet,is of typical significance.This paper takes this case as the starting point,face the particularity of the Internet industry anti-monopoly,focus on the definition of the Internet field,market dominant position and abuse of dominant market position identification these highly controversial issues,in order maintain a stable order of market competition,standardize the fair market competition behavior and improve the legal system related to the anti-monopoly law.By summarizing and sorting out the relevant theoretical research results of academic circles on the abuse of dominant market position in the Internet field,the characteristics of the Internet platform itself,such as the user locking effect,the network externality and the Internet market belonging to the bilateral market,are analyzed.This paper draws the following conclusions in analyzing the "two alternative" case of Alibaba:This paper draws the following conclusions in the "alternative" case: Firstly,the definition of the relevant market of the case should be divided into two steps,to define the relevant commodity market of the case,and then defining the relevant regional market,from the perspective of two perspectives of consumer groups and operators,the demand alternative analysis method and the supply alternative analysis method are developed successively;Secondly,when assuming that Alibaba has a dominant market position,it should not only consider its market share,but also combine the total amount of Alibaba’s commodity transaction,service revenue and the number of users and other factors;Finally,it was determined that Alibaba,on the premise of having a dominant market position,determined that its behavior had caused some damage to the market competition order,violated the interests of the operators in the platform,was not conducive to the healthy development of the Internet industry,and produced the effect of eliminating and restricting the competition.Therefore,it is determined that the "alternative" behavior implemented by Alibaba constitutes an abuse of market dominance,which needs to be regulated by anti-monopoly.On this basis,through the analysis of Alibaba’s "alternative" case,the corresponding anti-monopoly regulation suggestions are put forward for the "alternative" behavior implemented by the Internet platform.Due to the traditional methods used to define the relevant market and determine the market factors cannot be fully adapted to the Internet,in the analysis of the Internet antitrust cases,mainly using alternative analysis as the main method of definition,but the original alternative analysis method need to be further improved,the relevant market definition method innovation,Suggestions to define the relevant time market.For individual special cases,you can try to use direct identification methods,without the need to define the relevant market in the analysis.In determine whether have the dominant market position of the practice case,due to the emergence of the Internet free pricing model,make the traditional judgment method is difficult to adapt to,so in the field of the Internet market dominance when combined with the actual situation,for the differences of the Internet platform and the traditional industry,increase the Internet dominant market status factors,avoid the market share as the only standard.Analyze the feasibility of incorporating the "abuse of comparative advantage position" into the future anti-monopoly legal system,and establish the legal case guidance system of the Internet platform,in order to provide some reference for the judicial practice of anti-monopoly in the Internet field in China.