Recently, an anti-monopoly guide for platform enterprises has been issued, which will restrict the platform enterprises’ mutual restriction, require the enterprises to “choose one from two” and “kill the mature big data”. On November 10, the State Administration of Market Supervision issued the anti-monopoly guide on the field of platform economy (Draft for comments) (hereinafter referred to as the “anti-monopoly guide”), aiming at the chaos of Internet platform enterprises such as the platform requires businesses to “choose one from two” and “kill consumers with big data” in recent years, while platform enterprises make improper use of rules, algorithms, technology and traffic distribution The reasons for refusing to trade will also be considered as “monopoly”. Hong Kong listed technology stocks fell sharply on Tuesday, with the Hang Seng technology index falling nearly 7% at one time. Among them, meituan plummeted by more than 13% and closed down by 10.5%; Jingdong closed down by 8.8%; Alibaba fell by 5%; Tencent fell by more than 4%. The platform in the antitrust guide refers to the Internet platform, and the platform economy refers to an economic form in which the Internet platform coordinates and organizes resource allocation. Why is it necessary to issue an antitrust guide for platform economy on the basis of anti monopoly law of the people’s Republic of China? What impact will it bring to the platform enterprises? < p > < p > you Yunting, senior partner and lawyer of Shanghai Dabang law firm, believes that the basic background of the promulgation of the “antitrust guide” is the vigorous development of the Internet economy. At present, several giants have monopolized almost all markets relying on platform advantages. However, the threshold for the implementation of the anti-monopoly law is relatively high. If the enterprise relies on the self-help relief of the damaged interests, there will be problems such as high legal cost, difficult proof and long time to safeguard rights. The current administrative regulations also have some problems such as unclear provisions and low efficiency in the enforcement of administrative organs. Such a guidance document clarifies some legal issues and procedures that have been disputed before Order problem. < p > < p > Liu Chunquan, a lawyer from Duanhe law firm in Shanghai, believes that the antitrust guide is actually the result of many years of research, and it is also aimed at the objective and realistic problem that monopoly hinders innovation in the current domestic Internet industry. < / P > < p > “there is no grass under the big tree. In recent years, there is no large-scale innovative platform enterprise in China. The reason is that whenever a new wave of entrepreneurial opportunities appears, monopoly giants will stand in line and suppress the emerging enterprises with funds, and the new enterprises will eventually be destroyed or acquired by the giants.” Liu Chunquan told the first financial reporter. The types of platform enterprises include communication platform, e-commerce platform, entertainment platform and financial platform. In current China, all kinds of platforms are controlled by internet giants. Once the antitrust guide is implemented, the original competition pattern will change. < / P > < p > “for these platforms, the barrier of mutual penetration will disappear, and the difficulty of entering the other platform will be reduced. In the short term, as competitors enter their own platform, they will have a small impact on their own business. However, considering that the current pattern of Internet competition has become stable, the impact will not be great, but for platforms and platforms The game between enterprises on the platform is helpful for enterprises operating on the platform to obtain a fairer competitive position. ” You Yunting said. < / P > < p > relying on its huge platform advantages and traffic advantages, the platform often has a great voice over the enterprises settled in the platform. Before that, Jingdong and Taobao had a “two choose one” storm. In this regard, the antitrust guidelines for the first time explicitly put forward that requiring the trading counterpart to “choose one from two” or other behaviors with the same effect between competitive platforms will be deemed as abusing market dominant position and constituting restricted trading behavior. < p > < p > < p > < p > < p > the antitrust guide further points out that there are two situations in which an analysis of whether a restricted transaction constitutes: one is the restriction imposed by the platform operators through punitive measures such as search rights reduction, flow restriction, technical barriers, and deposit deduction, because it will directly damage the market competition and the interests of consumers, it can generally be regarded as a restricted transaction. In addition, the antitrust guide points out that restrictions imposed by platform operators through incentives such as subsidies, discounts, preferences, and traffic resource support may have a positive effect on the interests of operators, consumers and the overall welfare of the society. However, if there is an obvious exclusion and restriction effect on market competition, it may also be deemed as a restricted trading bank For. < p > < p > you Yunting believes that the antitrust guide gives a strong signal to the concerned “one out of two” issues, which is of positive significance for breaking down barriers between platforms and promoting the establishment of a new pattern of opening up and win-win results. < / P > < p > “for one of the two options, the introduction of the antitrust guidelines will help to remove the barriers. Of course, as the operators of the platform, they will certainly try their best to set up hidden barriers while removing explicit barriers. Therefore, it may take a long time of game to break through the barriers completely.” You Yunting said. < p > < p > < p > the antitrust guide also focuses on whether the platform refuses to trade. The standard of rejecting transaction is to set up obstacles in platform rules, algorithms, technology and traffic distribution, which makes it difficult for the counterpart to carry out transactions. It is deduced that the links between some platforms or applications in Taobao such as Taobao and jitter were restricted or prohibited, and that the authorities might be considered as a tiktok transaction. “< p > < p >” generally speaking, the problems of mutual “barriers” and insufficient openness exist among domestic platform enterprises. For platforms with dominant market position, such prohibitions or restrictions are suspected of abuse, violate the spirit of monopoly law, and have a lot of adverse effects on the fair competition order of the market. ” Li Junhui, a special researcher at the intellectual property research center of China University of political science and law, said. < / P > < p > < p > one of the principles proposed in the anti monopoly guide is to stimulate innovation and creativity, maintain fair competition in the platform economy, guide and encourage platform operators to use more resources for technological innovation, quality improvement, service improvement and mode innovation, so as to build new advantages and new driving forces for economic and social development. < / P > < p > “the fundamental purpose of anti-monopoly is to promote fair competition in the market. After the giants form a dominant market position, the innovation ability of small and medium-sized enterprises will be suppressed or even plagiarized, which has a negative impact on stimulating innovation and protecting innovation. Therefore, strengthening anti-monopoly law enforcement will help to further stimulate market vitality. ” Li Junhui told reporters from China first finance and economics. According to Liu Chunquan, 1997-2007 is a golden decade for the development of China’s Internet. Because this period is a very typical period of free competition, there is no monopolist in the market, and the main body of the market has fully released its vitality. Therefore, Chinese Internet enterprises have obtained good entrepreneurial opportunities and space, and a number of leading Internet enterprises have emerged during this period In recent years, the monopoly of large enterprises has actually hindered innovation. < / P > < p > “the goal of the competition law is to encourage full competition in the market. Only when there is sufficient competition and no barriers in the market, will the main body of the market continue to develop, new products and services will come out, and consumers will get the greatest benefits. So the competition law protects competition, not competitors. ” Liu Chunquan explained. < p > < p > you Yunting also believes that the current market situation is that platform monopoly makes large enterprises develop new business with the help of platform advantages and occupy the space of small and medium-sized enterprises very handy. < / P > < p > “the promulgation of the guidelines will help to promote the development of small and medium-sized enterprises and prevent large enterprises from abusing their dominant market position. Considering that small and medium-sized enterprises are the embodiment of economic vitality, the prosperity of small and medium-sized enterprises is bound to play a very positive role in the economic development and the revitalization of the Internet economy.” You Yunting said. < / P > < p > when consumers purchase online on the platform, they often encounter the phenomenon of “big data killing”. That is, for the same commodity, the price of big data pushed to different consumers is different, and the price of old users and price insensitive users is higher. The antitrust guide also makes clear provisions. < / P > < p > < p > < p > the antitrust guide clearly points out that the operators in the platform economy field with market dominant position implement different transaction prices or other transaction conditions, or implement the new and old transaction counterparts, based on big data and algorithms, according to the payment ability, consumption preference and usage habits of the trading counterparts Differential transaction prices or other trading conditions belong to the implementation of differential treatment to exclude or restrict market competition. < p > < p > < p > the antitrust guide also clearly points out that, in addition to the credit status, the differences in other aspects such as transaction history, individual preference and consumption habits should not be used as an excuse for the platform to implement differential pricing. < / P > < p > “in the past, it was difficult for consumers to prove big data maturity. Now big data hacking will become an important factor for anti-monopoly law enforcement agencies to enforce the law on the platform. For the platform, the profit involved in big data hacking is obviously much smaller than that of the anti-monopoly law enforcement agency. Therefore, the introduction of the guide will also curb the occurrence of big data hacking to a certain extent Elephant. Of course, due to the fairness of the competitive environment and the regulation of the behavior that damages the rights and interests of consumers such as big data, the monopoly profit of the platform may decline. ” You Yunting said. Global Tech

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