论互联网平台反垄断的宏观定位——基于政治、政策和法律的分析

The Orientation of the Anti-Monopoly Law Concerning Internet Platform from a Macro-Perspective: An Analysis Based on Politic, Policy and Legislation

反垄断法的定位取决于其独特的价值、目标和功能。反垄断法自始即具有重大的政治经济使命,可以成为有着宏大价值目标和强大经济调整功能的"超级法"。互联网产业在资本、技术和商业模式上的独特性,使平台易于触角广泛和无序扩张,具有反垄断的高关联度。互联网平台反垄断首先要在宏观价值上拓展思路和提高站位,又要积极寻求恰当的法律和经济的技术性路径。我国互联网平台反垄断不能轻言和盲从当今美欧的表面趋势,不汲汲于引领潮流和贡献经验,趋势之下可能掩盖着不同的利益诉求,而要一切服从和服务于我国数字经济的实质性发展利益,既要及时、积极和到位,又要适时、适度和谦抑,并始终以促进我国互联网产业创新发展和提升国际竞争力为目标。互联网平台反垄断应当坚持法治进路,构建相应的规则体系,并确保客观、中立和理性,防止非理性和情绪化。

The position of anti-monopoly law hinges on its unique value, goal and function. From the very beginning, the anti-monopoly law has committed itself to a great political and economic mission, and is capable of becoming the "super law" that aims high and strongly regulates the economy. It is highly relevant to the internet industry, which is unique in its capital, technology, and business model and is liable to expand widely and disorderly. To regulate the monopoly of the internet platforms, it is necessary to expand the horizon and aim high from the perspective of its general value, and then to seek appropriate legal and economic techniques, and not to blindly follow the example of the trendy practice by the United States and Europe, for their practice may conceal different interests and demands. At the same time, we should not rush to take the lead in contributing experience. Instead, in regulating the monopoly of the internet platform, the substantive interests of China in developing digital economy shall be served. The regulation shall be prompt, active and adequate, and meanwhile timely, modest and restrained, and shall always aim at promoting the innovation and development of China’s internet industry so as to make it competitive in the world. The regulation shall adhere to the rule of law. In building the system of anti-monopoly laws, objectivity, neutrality and rationality shall be ensured, irrationality and emotionality be avoided.