包容审慎监管视角下平台经济竞争失序的法治应对

Legal Response to the Disorder of Platform Economic Competition from Prudential Supervision Perspective

平台经济的竞争失序主要表现为初级程度的滥用平台内优势地位、中级程度的妨碍平台间互联互通、高级程度的超级平台扼杀式并购三种典型样态。包容审慎监管在促进我国平台经济快速发展方面功不可没。以产业主管机构为主导的监管存在重产业规制、轻竞争法治的遗缺,导致我国监管应对平台竞争失序不力的窘境。针对平台经济的监管亟待改革,应当回归竞争法治路径,对包容性监管与审慎性监管予以平衡,促进反垄断与反不正当竞争监管的良好衔接与兼容。在具体法治对策上,一要协调《反不正当竞争法》修订与《反垄断法》规则的衔接关系,精准规制滥用平台内优势地位的行为;二要引入平台竞争秩序监管的“位阶规则”,审慎规制妨碍平台间互联互通的行为;三要健全经营者集中分类分级审查制度,有效规制超级平台扼杀式并购。

The disorderly competition in the platform economy is mainly manifested in three forms:low-level abuse of dominant position within the platform;medium-level obstruction of inter-platform interconnection;and high-level superplatform expansionary mergers and acquisitions.Inclusive and prudent regulation has been instrumental in promoting the rapid development of China's platform economy,but there are still obvious defects.The regulation of the platform economy focuses on industrial regulation,light on the rule of law of competition,which has led to the problem that the regulation of China's platform economy is more inclusive and less prudent.In the future,the inclusive and prudent regulation should be improved based on the requirement of preventing disorderly competition,so as to strike a value balance between encouraging market innovation and maintaining market order in the platform economy.The regulatory response should be carried out in the following ways:first,to coordinate the relationship between the rules of the Anti-Unfair Competition Law and the Anti-Monopoly Law,and precisely regulate the abuse of dominant position within the platform;second,to introduce the"ranking rule"for the regulation of the competition order of the platform,and prudently stop the behavior that hinders inter-platform interconnection;third,to improve the operator,we should improve the centralized classification and grading review system to effectively stifle super platform expansion-type mergers and acquisitions.