Challenges of Antitrust Regulation Arising from Platform Competition under Digital Economy
Abstract:Platform economy is an important part of digital economy. As a new type of economic type and production and organization mode, platforms have significant influence on optimizing allocation of resources, promoting economic diversification and integration,enhancing industrial upgrading and integrated cross-border development.Platform providers also trigger anxieties of antitrust regulations behind its high development.How to properly deal with the relationship between the innovative development of digital economy and reasonably regulating the monopolistic behaviors of the platformsis a burning question for global antitrust jurisdictions to solve. The use of algorithms further complicates the issue regarding collusion,which is to distinguish between firms’intelligent and unilateral reactions to market conditions to maximize profits and practices that result from cooperating with competitors.As a result of the development of digital economy,the abusive conducts of platforms include new forms of abusive conducts prohibited under traditional antitrust law and new types of abusive conducts particularly existed in digital economy.Meanwhile,the impact of kill-zone strategy of big tech firms and mergers between established firms and start-ups on competition is also noteworthy for antitrust law. From the aspects of monopolistic agreement,the abusement of market dominant position,and merger control,we should reinforce supervision on platform competition. Antitrust regulations on platform competition should be proceeded under current antitrust law analytical framework and system.It is wise to adapt to the characteristics and changes of digital economy by improving and updating legislative,enforcement and judicial technology. Meanwhile,we should also conformto the objective laws of digital economy development,innovate the methods of supervising platform competition to construct a fair and orderly competitive environment,enhance the innovation and development of relevant technologies,promote deep integration of platform economy and entity economy,and consequently realize the promotion of economic efficiency and social total welfare.Moreover,we should optimize the competition analysis framework, establish the multivariate analysis frameworks including consumer welfare,data security and privacy,quality of products and servicesto improve the competition policy tools such as market investigation.
Key words:digital economy;platform competition;competition policy;antitrust regulation;antitrust enforcement