Since 2021,the"either-or choice"behavior of exclusive limited transactions on digital platforms has gradually become the focus of anti-monopoly law enforcement,and the"Alibaba Group monopoly case"provides a typical model for investigating the exclusive limited transactions on platforms.To regulate the exclusive trading behavior of digital platforms with dominant market position,the private law is obviously insufficient,which provides an opportunity for public regulation;In the public regulation system,the Anti-monopoly Law has greater institutional tension than the E-commerce Law,and relevant problems can be solved one by one by following the regulation logic of the anti-monopoly law.After studying typical cases,the four-step analysis method of"relevant market definition-identification of market dominance-identification of abuse behavior-analysis of competition effect"is still the consensus"gold paradigm"for judging whether platform business transactions abuse market dominance at present and in the future.Based on the analysis of the decision of administrative punishment in typical cases,there are still many differences on the part of legal responsibility.In order to effectively regulate the"either-or choice"behavior of digital platforms,law enforcement agencies,in addition to affirming the past experience of rigorous analysis paradigm,complete procedural guarantees and diversified governance measures,also need to carry out detailed upgrades in implementing the normative application of the anti-monopoly law,solving the problems of the dual regulatory path of the anti-monopoly law,and insisting on the coordination of anti-monopoly law enforcement and enterprise compliance construction.We will better promote fair competition in the digital market and high-quality development of the digital economy.
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