Research On European And American Digital Platform Antitrust Gatekeeper System

Digital technology,as an important driving engine for the new round of globalization,is showing an amazing development trend,and digital economy has become a new driving force for global economic growth.As an important part of digital economy,platform economy has affected people’s life from all aspects.However,it is also followed by large platform enterprises using their own capital technology to obtain massive data,so as to establish a monopoly position in various fields.In recent years,the monopoly of large digital platforms has attracted worldwide attention,and major jurisdictions around the world have shown a strict trend of anti-monopoly regulation of large platforms.However,the international antitrust regulatory framework lags behind the development of the digital platform economy,and the regional competition policy is difficult to adapt to the digital characteristics of the platform economy.On December 5,2020,the European Union issued the draft of the Digital Market Law,which proposed for the first time the gatekeeper system of digital platforms and proposed new regulatory ideas for the anti-monopoly of digital platforms.Similarly,in recent years,the United States has frequently launched antitrust investigations into large digital platforms.In October2020,the United States Congress released a 16-month investigation report on GAFA’s alleged monopolistic competition,the Digital Market Competition Investigation.After that,the United States also passed six platform antitrust laws such as the America Online Innovation and Choice Act,which also put forward the idea of gatekeeper system.In our country,the "Guide for the Classification of Internet Platform Classification" and the "Guide for Implementing Subject Responsibility of Internet Platform" also means that the anti-monopoly gatekeeper system of digital platforms is up in the air.The monopolistic behavior of digital gatekeeper platform not only seriously damages the competitive order of domestic digital market,but also gradually presents the characteristics of internationalization.Digital platforms that can be identified as gatekeepers often have cross-border characteristics.However,international competition law currently lacks a global governance framework for the digital economy.The global expansion of cross-border digital platforms is easy to cause conflicts between the host country,platform enterprises,host country and home country,as well as digital sovereignty disputes and digital regulatory competition among sovereign states.Therefore,it is far from enough to rely on a single country to supervise the gatekeeper platform.It is necessary to deepen international anti-monopoly cooperation.However,how to solve the problem of large digital platform monopoly from the perspective of international competition law in the perspective of globalization has received less attention and research from scholars.Therefore,this paper attempts to sort out the anti-monopoly status quo of large digital platforms in the European Union and the United States,and on the basis of summarizing and analyzing the gatekeeper system of the European Union and the United States,put forward suggestions on the improvement of the gatekeeper system of Chinese digital platforms,and put forward suggestions on the international anti-monopoly cooperation of cross-border digital platforms.The first chapter of this paper systematically reviews the current legislation and enforcement dynamics of anti-monopoly of large digital platforms in major jurisdictions around the world,and analyzes the regional competition policies related to anti-monopoly of cross-border platforms,thus pointing out that the current dilemma of anti-monopoly supervision of large digital platforms lies in the insufficient pre-positioning,dynamic and special supervision of large platforms.Moreover,entity rules of regional competition policy are difficult to adapt to digital characteristics and inter-regional cooperation is insufficient.Chapter two thoroughly analyzed the gatekeeper system proposed by the Digital Market Law of European Union,from the background of the gatekeeper system of European Union,applicable path and the problem that still need to be improved,to explore whether the gatekeeper system of European Union is worth learning for our country.The third chapter makes an in-depth analysis of the gatekeeper system of American digital platforms,explores the background,applicable path and challenges of the gatekeeper system of the United States,and understands the uniqueness and strategic choice of the gatekeeper system of the country with the most digital giants in the world.Chapter four compares and analyzes the gatekeeper system between the European Union and the United States,finds out its differences and unified regulatory ideas,and then combines with the current situation of digital platform anti-monopoly in our country,puts forward the worth learning of the European Union and the American gatekeeper system,and improves the gatekeeper system of our country.On this basis,suggestions are put forward to strengthen regional cooperation in international competition law,enhance discourse power in international digital governance and how to help Chinese platform enterprises "go global".