Research on Anti-monopoly Regulations of Internet Platforms in China and Comments on the “Anti-Monopoly Guidelines on the Platform Economy Field”

Abstract

Alibaba was subject to administrative penalties for implementing the "either-or" monopoly. The anti-monopoly regulation of the Internet platform once again attracted people's attention and heated discussions. To understand the anti-monopoly regulatory goals of the Internet platform, it is necessary to comprehensively consider the development stage of the industry, the intensity of competition, the significance of macro-legislation, and policy orientation, and build a heavy-duty regulatory model for the purpose of promoting development. However, the dynamic innovation of Internet platforms, professional algorithmic technical behaviors, and the incalculable consequences of monopolistic behaviors have created a huge challenge to the regulation of anti-monopoly laws. Although the "Anti-Monopoly Guidelines on the Platform Economy Field" issued an effective response, there are still problems such as weak legal binding, confusion in platform positioning, large discretionary power for the application of provisions, and loopholes in the regulation of concentration of operators, which need to be furtherly improved and implemented. The "Anti-Monopoly Law" and the "Guide" and relevant laws and regulations should be successfully undertaken and coordinated, the legislative structure should be improved, and the relevant market definition methods centered on identifying the scope of competition should be enriched. Internet platforms, third-party entities, and regulatory agencies should work together to strengthen preregulation, pay attention to post-regulation, and build a legal approach for Internet platform anti-monopoly