电子商务平台打折促销的反垄断分析——以京东淘宝“双十一”活动为例

Anti-Monopoly Law Analysis of Discount Promotion of E-Commerce Platforms

淘宝商城、京东等主流电子商务平台,在"光棍节"等狂欢节时强制要求平台上的电商低于或等于五折促销,否则不予参加活动。这一行为类似于行业协会制定排除、限制竞争的规则、决定、通知等行为,应当为反垄断法所禁止。然而我国目前法律对此种电子商务平台行为的法律规制处于真空状态。本文在对电子商务平台的行为进行定性的基础上,分析我国目前反垄断法律对此进行规制的必要性,并提出相应的建议,以期更好地促进电子商务的发展。

Main E-commerce platforms,like Taobao and Jingdong Mall,require forcibly that merchants on their platforms should promote sales at a discount of 50 percentages or more during carnivals like Singles ’Day,or these merchants are not allowed to participate in the sales activities. Such behavior is similar to the conducts of industry associations such as creating rules,decisions and notices to exclude and limit competitions,and thereby it should be prohibited by anti-monopoly law. However,there is no rule to regulate it in the current legal system of China. This paper firstly defines the nature of the E-commerce platforms behavior,next analyzes the necessity of anti-monopoly law in regulating the behavior, and finally puts forward some relative suggestions of promoting the development of E-commerce as far as possible.