China Business and Market

Challenges of Antitrust Regulation Arising from Platform Competitio­n under Digital Economy

- LIN Zi-ying and HAN Li-xin

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

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