电子商务法与竞争法的衔接:体系逻辑与执法展望

The Connection of E-commerce Law and Laws about Competition:System Logic and Future Enforcement

电子商务法中的竞争条款并未很好地处理其与竞争法的衔接关系。该法对滥用市场支配地位行为的补充规制没有深刻把握电子商务环境下的竞争特点,对滥用相对优势地位行为的独立规制不仅有破坏竞争法体系逻辑的风险,还可能对执法实践造成诸多困境。

The clauses about competition in the E-commerce Law do not deal well with its connection with the current laws about competition.The supplementary regulation on the abuse of the dominant position of the market in the E-commerce Law does not have a profound understanding of the competitive characteristics in the environment of e-commerce.The independent regulation on the abuse of comparative advantage in the E-commerce Law may not only undermine the system logic of current laws about competition,but also result in legal dilemmas in law enforcement.