Self-preferential treatment as a platform to use its own advantages to increase the competitiveness of self-operated business is becoming the focus of domestic and foreign legislation and law enforcement practice.Self-preferential treatment is a normal behavior for the platform to exercise its autonomous management right,but self-preferential treatment beyond the limit will cause harm such as obstruction of free competition,destruction of fair competition environment and impairment of public interests.E-commerce platforms have both the dual identities of"network transaction service provider"and"operator",which exacerbates the difficulty in determining the illegality of self-preference,and also brings the confusion of whether self-preference should be regulated by anti-monopoly law or anti-unfair competition law.Its regulatory boundary and regulatory path need to be clarified.At present,self-preferential anti-monopoly regulation has three difficulties,such as the difficulty in competition impact assessment,the difficulty in the application of legal norms and the difficulty in the supervision of technical means.On the one hand,theoretical innovation should be carried out in the anti-monopoly law,while strengthening anti-monopoly law enforcement.On the other hand,the strategy of multi-party cooperation and co-governance should be adopted to strengthen the transparency of platform rules.
关键词
电子商务平台/自我优待/反垄断/不正当竞争/协同共治
Key words
E-commerce platform/Preferential treatment of oneself/The anti-monopoly/Unfair competition/Collaborative co-governance
维普
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