平台经济下轴辐协议的反垄断法规制研究

Research on Anti-Monopoly Regulation of Hub and Spoke Agreement under Platform Economy

平台是一个参与方众多的复杂系统,不仅存在基本的交易双方,也聚集了繁多的第三方服务者。由于平台经济日渐的系统性和复杂性,使平台经营者和其他服务者通过大数据与算法,可以更便捷、更秘密、更容易地达成轴辐协议。轴辐协议的复杂性决定了其危害远大于横向垄断协议,因为它既涉及横向垄断协议,又涉及纵向垄断协议。本文主要通过介绍轴辐协议基本问题、概念和特征,探讨平台经济下轴辐协议反垄断规则存在的问题。并提出通过区分轴心主体行为认定法律责任、通过“协同行为”认定横向共谋、区分违法行为认定原则等完善路径。

The platform is a complex system with many participants. There are not only basic transaction parties, but also a large number of third-party service providers. Due to the increasingly systematic and complex platform economy, platform operators and other service providers can reach hub and spoke agreement more conveniently, secretly and easily through big data and algorithms. The complexity of hub and spoke agreement determines that its harm is much greater than horizontal monopoly agreement, because it involves both horizontal monopoly agreement and vertical monopoly agreement. This paper mainly introduces the basic problems, concepts and characteristics of hub and spoke agreement, and further analyzes the legal nature and anti-monopoly regulation path of hub and spoke agreement. And propose improvement paths such as identifying legal responsibility through distinguishing the behavior of axis subjects, identifying horizontal collusion through “collaborative behavior”, and distinguishing the principles of identifying illegal behavior.