Antimonopoly Law Regulation On The Abuse Of Market Dominant Position By Third Party Payment Platforms

Third-party payment platforms refer to non-financial institutions that are independent of banks and provide online payment,transfer,and settlement services through internet technology.Since the rise of internet finance,third-party payment platforms have developed rapidly in China,with market size continuously expanding and competition becoming increasingly fierce.However,in the process of competition,some third-party payment platforms have adopted various means to abuse their dominant market position in order to gain more market share,which has had a negative impact on other payment companies and consumers.In this context,how to use anti-monopoly regulations to maintain market order and ensure fair competition has become a hot topic.Although there are relevant provisions regulating anti-monopoly practices by platforms in China’s existing laws such as the "Antimonopoly Law,"Antitrust Guidelines for the Platform Economy",and "Regulations on Prohibiting Abuse of Dominant Market Position," there are still many problems in defining the market,determining market dominance,and specifying legal liability for emerging third-party platform companies.This presents a significant challenge for antitrust law enforcement.Therefore,it is necessary to start from the basic theories of third-party payment platform antitrust,research dynamic competition theory,analyze the harm caused by the abuse of market dominance by third-party payment platforms,and improve relevant legal systems for antitrust regulation.Specifically,this article discusses the following five parts:Part One: First,summarize the basic theories of third-party payment platforms and the manifestations of abusing market dominance.When studying the abuse of market dominance by third-party payment platforms,one should first understand the meaning,characteristics,and development history of third-party payment platforms,and then specifically analyze the specific manifestations of the abuse of market dominance by third-party payment platforms,analyze and reveal its destructive nature regarding fair competition in the market,and finally expound the theoretical basis of antitrust regulation for the abuse of market dominance by third-party payment platforms.Part Two: From the perspectives of effective competition,financial risks,personal data information security protection,and the risk of hijacking the government,analyze the necessity of anti-monopoly regulation for the abuse of market dominance by third-party payment platforms,and specifically expound the risks and impact brought by the abuse of market dominance by third-party payment platforms.Part Three: Analyze the relevant legal regulations on the abuse of market dominance by third-party payment platforms.Explore the current legal regulations and shortcomings regarding the market dominance position of third-party payment platforms from the "Antimonopoly Law," Antitrust Guidelines for the Platform Economy,"Guidelines for Relevant Market Definition by the State Administration for Market Regulation," and "Regulations on Prohibiting Abuse of Dominant Market Position." Also,search for relevant cases of the abuse of market dominance by third-party payment platforms on judicial websites and financial regulatory agencies,and analyze the difficulties and shortcomings of existing laws in regulating the abuse of market dominance by third-party payment platforms in practice.Part Four: Based on the legal analysis of the abuse of market dominance by third-party payment platforms in Part 3,it can be found that there are problems with the methods used to define platform markets,difficulties in identifying abusive conduct,rough legal regulation for the abuse of market dominance by third-party payment platforms,and insufficient antitrust law enforcement guarantees.The causes of these problems are analyzed to indicate directions for improvement.Part Five: Targeted proposals are put forward for how to improve legislation related to defining platform markets,identifying abusive conduct,and specifying legal liability.Additionally,suggestions are made for strengthening antitrust law enforcement measures and personnel training.