中国平台经济反垄断创新实践与未来进路

Innovation Practices and the Future Path of Platform Economy Anti-Monopoly in China

强化对大型数字平台的反垄断监管,提升平台经济反垄断监管效能,成为世界各国数字经济监管的基本趋势。中国基于数字经济现实和反垄断制度基础从完善立法、强化案件执法和提升执法效能三个方面进行了积极的创新。但是,中国以行政手段快速推进的平台经济反垄断监管带来了较高的经济成本,这迫切需要建立以促进创新发展为根本导向的常态化监管体制。实现常态化监管的关键是确保反垄断监管的法治化,重点是构建稳定可预期的反垄断监管政策环境、建立法治化的反垄断执法体制、增强反垄断合规指引性和创新反垄断执法政策。

In the face of the increasingly dominant market position of large digital platforms and the massive anticompetitive conduct,strengthening anti-monopoly in the platform economy has become a trend around the world in recent years.China has taken more comprehensive anti-monopoly enforcement actions and achieved obvious policy effects and innovations in many aspects,but there are also some areas for improvement.Therefore,it is important to systematically summarize and evaluate the anti-monopoly practices in the platform economy and explore the future path of platform economy anti-monopoly.The innovation of anti-monopoly legislation in China′s platform economy is mainly reflected in the following aspects:firstly,the legislative objectives tend to be diversified and more emphasis is placed on innovation;secondly,the legal gap is filled to regulate new types of monopolistic conducts that use data and algorithms;thirdly,the merger control policy is improved;fourthly,the main responsibility of large digital platforms is strengthened.China′s anti-monopoly enforcement in the platform economy is mainly reflected in the investigation and handling of typical cases,and law enforcement innovations have been made in some case reviews:firstly,focusing on the investigation of large platforms′ abuse of dominant position;secondly,strengthening the merger control of platform enterprises;thirdly,innovating the market definition and the determination of market dominance of multisided platforms;fourthly,expanding the theory of competitive harm for the abuse conducts by platforms;fifthly,adopting the remedy measures combining administrative fines and rectification.The anti-monopoly enforcement system in China′s platform economy is improved through four paths:firstly,improving the system of anti-monopoly agencies;secondly,enhancing the enforcement capacity of anti-monopoly agencies;thirdly,empowering anti-monopoly enforcement by big data and AI;fourthly,promoting the connection between anti-monopoly administration and justice.In the new stage of anti-monopoly in the platform economy,normalized regulation becomes a basic requirement.Scientific anti-monopoly regulation is now a major task for maintaining market competition and promoting innovative development in the platform economy.The key to normalized regulation is to establish a legal guarantee,focusing on the establishment of a stable and predictable policy environment,a clear,consistent and procedurally fair enforcement system,enhanced anti-monopoly compliance guidelines,and the adoption of scientific and precise policy tools.