Anti-monopoly Regulation on the Either-or Exclusive Transaction of E-commerce Platform

（School of Law，East China Normal University，Shanghai 200241，China）

Abstract：The essence of either-or behavior is exclusive transaction ，which is an effective way for e-commerce platform to obtain a dominant position；and its purpose is to achieve market monopoly. China's E-commerce Law ，Anti-monopoly Law and Anti- unfair Competition Law are the legal basis for regulating the exclusive transactions of e- commerce platforms. However ， due to the practical obstacles faced by Articles 14 and 17 of the Anti-monopoly Law，the lack of theoretical basis for Articles 22 and 35 of the E-commerce Law，and the possibility of application of Articles 2 and 12 of the Anti-unfair Competition Law，etc.， the either-or behavior is difficult to be punished by law under the current regulatory framework of China’s Competition Law. By constructing the game theory model and analyzing the either-or case of Meituan ，it is concluded that the either-or behavior will lead to the single monopoly situation，and the regulation taking Anti-monopoly Law as the core is the key to solve the dilemma. Facing the lack of regulation on the either-or behavior of e-commerce platform in the current competition law system ，we should start from such aspects as behavioral exemption，in- advance control，consumer protection，market definition，and the introduction of system with comparative advantage，and perfect regulations on the either- or behavior in Anti- monopoly Law. Specifically speaking，we should formulate the whitelist rules，perfect the in- advance regulation，strengthen consumer privacy protection，introduce comparative advantage clauses，and optimize relevant market definition rules to improve the coordination of anti-monopoly regulation.

Key words：platform economy；bilateral market；either- or ；abuse of dominant position；exclusive transaction；Anti- mo⁃

nopoly Law