The Identification Path of Network Platform Hub-and-Spoke Conspiracy
The platform hub-and-spoke conspiracy is a new topic in the international antitrust field.Because of the net-work nature of the platform and the concealment hub-and-spoke conspiracy,the platform hub-and-spoke conspiracy cau-ses more serious harm to the economy than the traditional one.In order to adapt to the development of the digital economy,China has introduced the hub-and-spoke conspiracy system in the Anti Monopoly Law of the People's Republic of China(2022 Amendment)and the Guidelines of the Anti Monopoly Commission of the State Council for Anti Monopoly in the Field of Platform Economy.However,many traditional theories cannot be applied in the situations of algorithmic collusion and platform MFN clauses,which hinders the identification of platform hub-and-spoke conspiracy.We should construct an antitrust path of identifying platform hub-and-spoke conspiracy by drawing on the relevant experiences of the United States and EU:Firstly,clarify the specific connotation of"substantive assistance";Secondly,determine the application of the re-buttable rule of illegal presumption to the platform hub-and-spoke conspiracy;Thirdly,revise subjective and objective the-ories of the platform hub-and-spoke conspiracy.Fourthly,improve the defense rules for the anti-competitive effect of plat-form hub-and-spoke conspiracy.
国家科技期刊平台
NSTL
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