平台经济领域垄断行为规制的挑战与创新

Challenge and Innovation of Monopoly Regulation in the Field of Platform Economy

近年来,平台经济的迅速发展在促进经济总量增长、带动就业、方便百姓生活的同时,也产生了恶性竞争与道德风险等问题。当前反垄断法在规制平台经济领域垄断行为时面临诸多挑战,算法共谋、“二选一”行为、大数据“杀熟”“封禁”问题、最惠国待遇条款、扼杀型并购等行为都需要反垄断法理念与制度的创新。建议在包容审慎规制理念之上施行更加积极的主动规制,进一步明确垄断行为认定标准,严格行为主体法律责任,提升执法机构能力,以维护公平竞争和创新。

In recent years,the rapid growth of platform economy not only promotes the growth of economic aggregate,drives employment and facilitates people's life,but also brings problems such as vicious competition and moral hazard.At present,the anti-monopoly law faces many challenges in regulating monopoly behavior in the field of platform economy.Algorithmic collusion,"one out of two"behavior,"big data discriminatory pricing","Prohibition"problem,"most favored nation treatment terms",strangled M&A and other behaviors all need the innovation of the concept and system of anti-monopoly law.It is suggested to implement more active regulation based on the concept of inclusive and prudent regulation,further clarify the identification standards of monopoly behavior,strictly enforce the legal responsibilities of actors,and improve the capacity of law enforcement agencies,so as to maintain fair competition and innovation.