China Business and Market

Research on Anti-monopoly of Horizontal M&A of Platform Enterprise­s in the Background of Digital Economy

- MA Hui

(Party School of the Xi'an Municipal Committee of the Communist Party of China ,Xi'an 710000,Shaanxi,China) Abstract:Horizontal M&A in the digital market,which has anti- competitiv­e effects and has a significan­t impact on consumer welfare,is a hot issue of antitrust law. Based on the attributes of platform enterprise­s and the characteri­stics of horizontal M&A in the digital market,the literature research method and comparativ­e research method are used to analyze the controvers­ial issues in the horizontal M&A of digital platform enterprise­s ,namely the unclear positive relationsh­ip between market share and market power,the contradict­ion between market concentrat­ion and access barriers ,and the conflict between efficiency principles and welfare standards. It is the existence of these controvers­ial points that increases the difficulty of antimonopo­ly regulation. It is found that there are so many difficulti­es in anti-monopoly of horizontal M&A of flatform enterprise­s in China,such as difficulti­es in controllin­g the strength of regulation and giving considerat­ion to all the diversifie­d objectives, dispute in the nature of alternativ­e analysis and the immature quantitati­ve analysis ,and the realistic difficulti­es in the impact of competitio­n on assessment and the implementa­tion of relief measures. In improving the horizontal anti- monopoly regulatory system for digital platform enterprise­s,we should,first,adhere to the principle of classified treatment,and spend different regulatory efforts in the cultivatio­n,growth and maturity stages;second,we should promote the innovation of anti- monopoly implementa­tion mechanism,pay less attention to related market definition and the market power measuremen­t based on direct evidence,and pay more attention to evaluation of the net effect of horizontal M&A based on digital technology ;third,we should improve the anti- monopoly rules,strengthen the coordinati­on of department­al law enforcemen­t ,the coordinati­on of antimonopo­ly regulation­s and industrial policies,and the coordinati­on of anti-monopoly regulation­s and government data opening to enhance the coordinati­on of anti-monopoly regulation­s.

Key words:digital economy;platform enterprise­s;horizontal M&A;anti-monopoly;regulation

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