Bid farewell to disorderly competition, platform economic development to tighten the bottom line
【 Law eye 】
In recent years, with the rapid development of Platform economy in China, the status and role of platform economy in the overall economic and social development has become increasingly prominent, but also brings many problems: Disorderly expansion of capital, monopoly and unfair competition have become increasingly prominent. In particular, some large Internet platform enterprises have rapidly grown into platform giants by virtue of their data and technology advantages, rejecting and restricting market competition, forming a "winner-takes-all" effect and affecting the market order of fair competition in platform economy.
In order to standardize the healthy and orderly development of the platform economy, the relevant departments have recently launched a hard recruitment, real recruitment. Since the beginning of this year, the Anti-Monopoly Guide in the Field of Platform Economy, Provisions on The Prohibition of Unfair Online Competition (draft for Comments), and Explanations on Several Issues concerning the Application of the Anti-Unfair Competition Law of the People's Republic of China (Draft for comments) have been released successively. On October 19, the NPC Standing Committee submitted a draft amendment to the Anti-monopoly Law for its first reading. On November 18, the National Anti-monopoly Bureau was officially listed, becoming a milestone event in regulating market competition behavior in China... The continuous improvement of laws, regulations and mechanisms related to platform economy has provided a strong guarantee for China to further regulate the behavior of Internet platforms and promote the orderly development of platform economy.
Break down the barriers between Internet platforms
When you see an attractive product online and forward the link to your chat friend, it turns out to be a bunch of garbled passwords. When you see an interesting video on a short video platform, you have to download and save it to your moments. It is almost normal for online shopping platforms, short video platforms and social platforms to block each other, and users become the "reserved land" for platforms to realize their own economic interests, so they can only choose to passively accept.
"The Internet, as its name implies, is about connectivity, open platforms and information sharing. Users can get the information they need and enjoy more convenient services through the Internet, which is the original intention of the Internet." Institution of consumers' rights and interests protection law under China Law Society, Yin Chen jiang, deputy secretary-general said, at present, some Internet platform especially large platform, with the user scale, data, technical advantages, such as the economic and social influence, to a fixed platform users, improper setting barriers between platforms, refused to open to other platforms.
At a press conference on Sept 13, Zhao Zhiguo, spokesman for the Ministry of Industry and Information Technology and head of the Information and Communications Administration, said that ensuring normal access to legitimate web links is a basic requirement for the development of the Internet. According to Chen Yinjiang, the bottom line of the independent management rights enjoyed by Internet platforms is not to undermine the fair competition order of the market and not to harm the legitimate rights and interests of consumers. Especially when a platform has a dominant position in the relevant market, its operation should pay more attention to avoid abusing its dominant position.
China's anti-unfair competition law lists "maliciously incompatible network products or services legally provided by other operators" as one of the production and operation activities that operators are prohibited from engaging in. However, it still needs to be further refined and clear when applied to specific cases. In August this year, the State Administration for Market Regulation issued a draft regulation on The Prohibition of Online Unfair Competition (for public comment), stipulating that operators shall not use technology to block online products or services legally provided by other operators.
Chen Yinjiang believes that with the continuous refinement and improvement of relevant laws and regulations such as the Anti-unfair competition Law and the continuous strengthening of law enforcement, the barriers between Internet platforms will eventually break down, and the phenomenon of "enclosure king" will eventually disappear without considering the feelings of users and consumers and harming the interests of consumers.
"Strong combination" should be wary of forming a monopoly
On July 10, the merger of tiger tooth and fish, the first ban on concentration of business operators in the platform economy, was suspended. The review identified that Huya and Douyu in the downstream game live market share more than 70 percent. Such concentration is prohibited because it may have the effect of eliminating or restricting competition.
On November 20, the State Administration for Market Regulation imposed administrative penalties on 43 illegal business concentration cases, imposing fines of 500,000 yuan on each of the companies involved.
Under the condition of relatively full market competition, both enterprises and consumers are beneficiaries. Enterprises form their competitive advantages by reducing the cost of goods and services through technological innovation, and consumers can enjoy better and cheaper goods and services. However, in the process of economic development, some enterprises achieve "monopoly" through concentration of managers, which may eliminate and restrict competition and have adverse effects.
"In fact, operator concentration is a neutral concept, mainly refers to mergers and acquisitions between enterprises, equity acquisition and so on." Xue Jun, professor of Peking University Law School, believes that in essence, concentration of operators is a free contractual behavior of market subjects under the condition of market economy, which can optimize resource allocation and improve resource utilization efficiency. However, once an enterprise occupies a dominant position in the market through the concentration of operators and pursues the "combination of strong and powerful" effect, even eliminating and restricting market competition, it may be suspected of monopoly.
To judge whether a concentration of business operators is legal, it is necessary to judge whether the concentration has the effect of eliminating and restricting market competition. China's anti-monopoly law established the declaration review system, if the concentration of business operators to achieve the declaration standard, there is a legal obligation to declare to The State Council anti-monopoly law enforcement agencies in advance, did not declare the implementation of concentration.
"The anti-monopoly enforcement agency of The State Council will examine the application and determine whether it has the effect of eliminating or restricting market competition." Xue Jun said, analysis, evaluation, whether to declare content may lead to eliminate or restrict competition in the market effect, is a highly technical and professional problem, to comprehensive consideration of economic and technological development, market competition and consumers' rights and interests protection, etc., which need to be more specific, detailed legal system arrangement, and more professional talent support, This is also the direction of future efforts.
Beware of Traffic hijacking
A few days ago, Beijing Haidian court sentenced a browser plug-in hijacked traffic case. The court ruled that The hijacking of traffic by Shanghai Zhengkai Technology Information Company constituted unfair competition and ordered the company to compensate Baidu For 830,000 yuan.
Traffic hijacking is not new. In the daily process of surfing the Internet, netizens often encounter the situation of skipping to strange web pages without warning, such as skipping to live broadcast, games, advertising and other pages, which is very annoying. It is a consistent pattern of traffic hijacking to force users to visit certain websites by modifying the browser, locking the home page or popping up new Windows, etc.
"From the point of view of profit, traffic hijacking can be divided into drainage type, display type, replacement type, common such as forced binding, embedded advertising, spam site push, etc., which are closely related to netizens." 'Infringing parties force their content to be added by inserting links and other means, which reduces traffic to the other party's website and reduces potential transaction opportunities, resulting in economic losses,' said Zhang Xiaona, a lawyer at Beijing's Pu Shengda Law Firm. At the same time, it also makes users misunderstanding and hinders their right to know and option.
The economic value involved in traffic hijacking is usually not small, but it is difficult to calculate the actual loss, the cost of protecting rights is high, and the relevant laws and regulations are not enough to deter, so it is difficult to prevent such behavior. Xiao-na zhang said that although "hijacked" using technology to implement flow "to" technology to interfere with the competitors' product or service has been classified as Internet domains such as ACTS of unfair competition shall be regulated, but still need to be further clear rules in the applicable in various technology and detail, increase the intensity of illegal punishment, improve the illegal cost.
"A sound system of laws and rules is the basis for effectively promoting comprehensive governance of the platform economy." Zhang said that as China continues to improve the rules governing the development of the Internet economy, relevant departments are increasingly cracking down on illegal activities in the Internet sector, and unfair competition and monopolistic activities related to Internet platforms will be effectively contained, providing a strong legal guarantee for the healthy and stable development of the platform economy.
(Reporter Wang Jinhu)