Implementation Principles and Normative Expressions of"Interconnection and Interoperability"from the Perspective of Antitrust Law
In the digital economy era,platforms are becoming the core economic hub of the entire digital market.Their strong internal management capabilities and information screening and push capabilities make the alienation of some super-large platforms into"power subjects".In order to prevent platform power from hindering the development of a healthy competitive order in the digital market,Internet platform interconnection is regarded as a key mechanism for optimizing and transforming the development model of the digital market.However,there are still many controversies about the theoretical basis and institutional content of platform interconnection,among which more controversies are about how to balance platform interconnection and platform operating freedom.In practice,platform companies generally have the phenomenon of being lazy or delaying the promotion of interconnection for reasons such as user security and corporation business strategy.Under this practical situation,this article comprehensively sorts out and summarizes the institutional changes of interconnection by comparing the changes in the basic connotation of interconnection in the telecommunications industry and the platform economy era and the root causes behind it.Combined with the various theories and propositions of existing scholars on platform interconnection,it is found that the business compliance standards of interconnection actually include three levels of connotation:inter-accessibility,the superiority of small and medium-sized platforms,and the synchronous update of industrial forms.This paper believes that the essence of interconnection is the technical framework to ensure the openness and sharing of the Internet,and the interconnection between platforms at the level of antitrust law is to avoid the platform from splitting the entire digital market.In order to achieve the implementation effect of the interconnection system,the interconnection system can be used to supplement the revised provisions of the Anti-Monopoly Law of the People's Republic of China in the form of legal principles:first,around data acquisition capabilities,business lock-in levels,etc.,clarify the interpretation logic of the standards for the identification of abuse of market dominance;second,based on size and market position,formulate differentiated compliance requirements that are adapted to small and medium-sized platforms and super platforms respectively;third,internalize regulatory requirements into technical constraints,and expand interconnection at the algorithm level through data compliance technology.Compared with previous literature,this paper has revealed the legitimacy of the platform interconnection system to a certain extent,and has refined the basic principles and specific rules of the platform interconnection system under the antitrust law system.No longer confined to the discussion of the abstract value balance between platform interconnection and platform operating freedom in existing research,it turns to a more practical way to re-construct and analyze how interconnection can extend specific antitrust normative expressions from the three aspects of legal application,supporting system and implementation method.This research path effectively avoids the drawback that the conclusions of value balance analysis cannot be applied to actual regulatory activities,and provides more direct theoretical tools and institutional recommendations for antitrust legislation and enforcement.
interconnection and interoperability systemantitrust lawanti-unfair competition lawInternet platformdigital economysubstantial compliance
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