Research On Competition Law Regulation Of Internet Incompatibility

The deep development of the digital economy has led to the growing growth of the Internet platform,providing vitality for the development of China’s socialist market economy,while also bringing many new legal issues and challenges.Among them,Internet incompatibility behaviors implemented by large Internet platforms based on multiple motivations occur from time to time,which not only maintain the ecological stability and security of the platform,but also cause drawbacks such as disrupting Internet connectivity,damaging consumers’ choices,and preventing small and medium-sized enterprises from entering the market.Unlike in the traditional industrial era,the characteristics of Internet platforms such as their bilateral market attributes,and the dynamic nature of network externalities and market competition have all brought uncertainties to the governance of incompatible behaviors.Internet incompatibility requires first resolving the issue of legal application.The Anti Unfair Competition Law mainly includes the selection and application of "Internet specific clauses" and "general clauses".Among them,the "Internet Clause" clarifies the unfair competition attribute of malicious incompatibilities.According to the legal provisions,the application of this clause requires an analysis and grasp of the subjective state,implementation means,and consequences of the actor.The general terms are bottomless terms that apply to improper and incompatible behaviors that do not comply with the regulations of the Internet.The application of this article also requires a discretion as to whether the actor follows the principle of good faith and business ethics.In addition,the "Prohibition of Unfair Competition on the Internet(Draft for Public Consultation)" supplements the "Anti Unfair Competition Law" and refines the identification criteria for malicious incompatibilities.In the perspective of the Anti Unfair Competition Law,whether the perpetrator has "malicious intent" is an important criterion for determining whether incompatible acts are legitimate or not.This article believes that malicious intent can be identified from the perspectives of subjective purpose,behavioral consequences,and consumer protection.In addition,incompatible behaviors between large platforms may also constitute monopolies,which are regulated by the Anti Monopoly Law.Incompatible behavior regulated by the anti monopoly law is essentially a refusal to trade behavior that abuses market dominance,and it needs to follow the basic judgment ideas of relevant market definition,determination of market dominance,and abuse of market dominance.This article believes that in defining the relevant market,first of all,it is still necessary to focus on demand substitution analysis,while taking into account market entry,network effects,technical barriers,and other details;Secondly,the SSNIP analysis method is adapted and applied.Under the traditional model,the application conditions of the SSNIP test method,which focuses on price changes,are improved to a "sustained small charge" model.In terms of determining market dominance,the "Anti monopoly Guide in the Platform Economy" details the content of the "Anti monopoly Law",taking into account user activity,clicks,and market share duration,providing new evaluation factors for determining market dominance.In addition,Internet incompatibility also involves the discussion of whether the principle of necessary facilities is applicable.This article believes that according to the extraterritorial legal provisions and judicial application of the principle,it is necessary and feasible to introduce the principle of necessary facilities into China’s legislation,but in terms of its specific application,a strict and cautious attitude should still be taken.In response to the above dilemmas,this article proposes that in the context of the Internet,the disadvantaged position of consumers becomes more prominent,and more attention should be paid to the consideration of consumers’ rights and interests in the interpretation and application of unfair competition behaviors;Improve the antitrust compliance system and guide enterprises to strengthen the construction of internal antitrust compliance systems;If necessary,launching specialized legislation aimed at solving frequently occurring and difficult problems in the digital economy and clarifying detailed rules for malicious incompatible behaviors can also become a governance idea.