Research On The Regulation Of Antitrust Law On The Blocking Of Internet Platforms

In recent years,with the increasingly fierce competition in the field of Internet platforms,the frequent banning of Internet platforms has aroused the common concern of theoretical and practical circles.Theorists generally believe that all acts of closure and prohibition cannot be recognized as illegal,but should adhere to the principle of case analysis and analyze specific problems.The discussion on this issue focuses on the identification of behavior illegality from the perspective of anti-monopoly law and anti unfair competition law,and there is a lack of a unified and systematic regulation path from the perspective of anti-monopoly law.From the perspective of judicial practice,the controversial focus of Internet platform ban cases focuses on the definition of relevant markets and the identification of abuse of market dominant position,while it is relatively weak in the identification of competition damage.In order to better solve the common dispute focus in such cases,improve the accuracy of behavior illegality identification,and reduce the false negative cost and false positive cost in the process of case regulation,it is necessary to improve all links of the traditional analysis paradigm based on the characteristics of the blocking behavior of the Internet platform in combination with theoretical research and practical difficulties.First of all,in order to maintain the modesty of the law,it is necessary for the law to intervene in regulation only when there is a large deviation between the actual openness of the platform and the openness required by the society,and when there are multiple regulation paths for the blocking behavior of the Internet platform,The application of the anti-monopoly law to regulate is not only consistent with the legislative purpose of safeguarding free competition,but also with its high use threshold to avoid excessive legal intervention in the new business form of the Internet.Secondly,by summarizing the characteristics of the Internet platform ban event in practice,this paper makes a comprehensive analysis of the application dilemma of this issue in the anti-monopoly law.Finally,the anti-monopoly law regulation of Internet platform blocking behavior should follow the logic of relevant market definition,identification of abuse of market dominant position and determination of competition damage.In the definition of relevant markets,we need to pay attention to the number of relevant markets and the application of definition methods.In the identification of abuse of market dominant position,we need to pay attention to the challenges brought by "attention competition" to the identification of market dominant position.At the same time,the current typical Internet platform blocking events are mainly manifested in the blocking Party’s refusal to provide relevant services for the blocked party.Therefore,it should be applied on the basis of the clause of "refusal to trade".In the identification of competition damage,we should comprehensively consider the damage to the market competition order,consumers and innovation caused by this behavior.It is hoped that the above suggestions will provide a systematic and accurate regulation path for the anti-monopoly law regulation of Internet platform blocking in China.