Strengthening Anti Monopoly Supervision And Promoting The Development Of Platform Economy In Standardization

Platform economy is the result of digital technology and business model innovation, and is a typical form of digital economy. Platform economy takes data as the key factor of production and modern network as an important carrier. Driven by the continuous progress of information and communication technology, platform economy improves economic efficiency, optimizes economic structure and represents the development direction of advanced productivity. As the most important subject of platform economy, the influence of platform enterprises on economic and social life goes beyond all enterprise types and business models. In recent years, in the fierce competition, the behavior of damaging competition, innovation and consumer interests in the field of platform economy, such as forced "two to one", "big data killing", "self preferential treatment" and "strangling merger and acquisition", have caused widespread concern in all aspects of society. Platform economy is the product of innovation. Platform enterprises should continue to lead and promote innovation, rather than hinder and end innovation. The prosperity of innovation needs effective competition mechanism and fair competition order.

On April 10, the State Administration of market supervision and administration imposed an administrative penalty on Alibaba Group's monopoly of "one out of two", with a fine of 18.228 billion yuan. The case is the first major and typical monopoly case in the field of platform economy in China. It marks a new stage of anti-monopoly law enforcement in the field of platform economy, and releases a clear policy signal, that is, while encouraging and promoting the development of platform economy, the state should strengthen anti-monopoly supervision and effectively prevent and stop platform enterprises from abusing advantages such as data, technology and capital to damage competition, innovation and consumption The behavior of consumers' interests can regulate and guide the sustained and healthy innovation and development of platform economy. The investigation and handling of the case has important symbolic significance and exemplary role.

It embodies the principle of supervision according to law

Competition is the soul of market economy, which drives enterprises to innovate constantly. To play the role of anti-monopoly supervision is to adhere to the basic position of competition policy, strengthen anti-monopoly law enforcement, create a fair market environment for competition, and promote innovation of platform economy through orderly competition. As an important part of the market economy system, the innovation and development of platform economy cannot do without the anti monopoly law. Moreover, the more mature and innovative the platform economy is, the more scientific and effective anti-monopoly law enforcement is needed.

For competitive platforms, platform enterprises should abide by the bottom line of anti-monopoly law and other laws; for platform operators, platform enterprises should fulfill the basic obligations given by laws such as e-commerce law; for consumers, platform enterprises should respect consumers' rights and interests according to law. However, the mandatory "one out of two" implemented by platform enterprises deprives businesses of the opportunity to carry out business on multiple platforms at the same time and stifles the competition among platforms, within brands and among brands. When the competition mechanism of the supply side is damaged, the market innovation power will be affected, and the interests of consumers will eventually be damaged. Alibaba Group abused its dominant position in China's online retail platform service market, put forward "two choose one" requirements to operators in the platform, such as not to engage in business activities on other competitive platforms, and not to participate in promotion activities of other competitive platforms, and adopted a variety of reward and punishment measures to ensure the implementation of "one out of two", which is a typical example clearly prohibited by the "anti monopoly law" Limited trading behavior. The State Administration of market supervision and administration of the people's Republic of China filed a case for investigation and made administrative punishment according to law, which fully embodies the principle of legal supervision of platform economy and sends a clear signal to the market that the field of platform economy is not outside the anti-monopoly law.

Based on the basic principle that everyone is equal before the law, China's anti-monopoly law treats Internet enterprises and traditional enterprises equally, and applies equally to domestic and foreign-funded enterprises, state-owned enterprises and private enterprises. The purpose is to ensure that all kinds of market entities participate in market competition fairly and create a business environment of fair competition. The investigation and handling of this case is not to deny the important role and significance of the platform economy to China's economic and social development, but to promote the faster and better development of the platform economy and provide innovation power and market vitality for the high-quality development of China's economy through legal norms. This case marks the normalization of anti-monopoly law enforcement in the field of platform economy in China. The normalization of legal supervision will further safeguard the authority of the law, draw a clear red line for the market behavior, urge platform enterprises to standardize market behavior, and force platform enterprises to focus on positive innovation, fair competition and better service to consumers.

It embodies the concept of prudential supervision

The new technologies supporting the platform economy are changing with each passing day. The business types of the platform economy are complex and the competition is dynamic. The operation behavior of platform enterprises has no fixed pattern, so it is difficult to carry out type analysis. In order to avoid "premature" and "excessive" law enforcement hurting the innovation and competition level of the industry itself, it is necessary to go through the necessary "observation period" to support the development of platform economy. After more than 20 years of development, China's platform enterprises have entered into the "Youth" period from "children". The business model and transaction structure of platform enterprises have been initially finalized, and the "two-way" implementation has been implemented First, the damage to competition, innovation and consumers' rights and interests caused by "big data killing", "self preferential treatment" and "strangling merger and acquisition" can be clearly identified. At the present stage of China's platform economy development, it is not only necessary but also feasible to start anti-monopoly law enforcement.

As we all know, high quality development cannot do without innovation, and innovation cannot do without competition. In order to encourage and promote innovation, we need to maintain fair competition; promote prosperity and innovation, but force the level of competition to constantly improve. Only through the positive interaction of competition and innovation can we achieve high-quality development. Therefore, the anti-monopoly law enforcement in the field of platform economy is the internal requirement of improving the socialist market economic system and promoting high-quality development. However, it is worth noting that innovation means breaking or even subverting the established order, structure and mechanism. Any innovation will have an impact on the existing competition mechanism and order. Therefore, in the field of platform economy, anti-monopoly law enforcement still needs to uphold the concept of prudent supervision. In the past two years, the reflection on the monopoly problem in the field of platform economy is relatively concentrated. On the basis of full research and demonstration, the anti-monopoly law enforcement agencies first investigate and deal with the "one out of two" problem which is strongly reflected in various aspects and deal with them according to law, which reflects the concept of prudent supervision. At the same time, from the punishment decision of this case, we can see that the legal and economic analysis of the "two choose one" behavior has been fully studied and demonstrated in the process of handling this case, which also reflects the concept of prudent supervision. "Anti monopoly law" is certainly applicable to the field of platform economy, but it is quite complex. It is undoubtedly a scientific and rational choice to adhere to the concept of prudence while actively enforcing the law.

It reflects the supervision idea of paying equal attention to development and standardization

The central economic work conference proposed that "the State supports the innovation and development of platform enterprises", and issued a clear "support" signal. At the same time, it proposed "to standardize the development according to law and improve the digital rules", which released the requirements of "standardization". To sum up, we should attach equal importance to support and regulation. The innovation and development of platform economy needs the market order of fair competition, which is not provided by the market itself. Maintaining the market order needs the government's visible hand, and needs to give full play to the government's role. Therefore, to promote the high-quality development of platform economy, we need not only the good interaction between competition and innovation, but also the combination of effective market and promising government. The timely initiation of anti-monopoly law enforcement can not only effectively stop monopoly behavior, restore the competition mechanism and order of relevant markets, maintain and stimulate the impetus and vitality of innovation, and protect the interests of consumers, but also have a deterrent and exemplary effect by investigating and handling cases, so as to achieve a good effect of investigating and handling a case and regulating an industry, which is to maintain a fair competition market in the field of platform economy The necessary legal tools of field order.

The State Administration of market supervision imposed a fine of 4% of its sales in China in 2019, totaling 18.228 billion yuan. According to the anti monopoly law, if an operator abuses his dominant position in the market, the anti-monopoly law enforcement agency shall impose a fine of 1% - 10% of the sales volume of the previous year. Alibaba Group's "choose one from two" behavior started in 2015, involving a wide range of areas and lasting for a long time. The fine ratio of 4% is relatively moderate, which not only reflects the principle of equal punishment according to law and regulations, but also reflects the state's attitude and determination to strengthen the anti-monopoly supervision of platform enterprises, and also reflects the policy objective of supporting the development of platform economy, and fully embodies the principle of paying equal attention to development and standardization. At the same time, the market supervision administration has also formulated the "administrative guidance book", which requires Alibaba group to carry out comprehensive rectification around strictly implementing the main responsibility of platform enterprises, strengthening internal control and compliance management, maintaining fair competition, and protecting the legitimate rights and interests of merchants and consumers in the platform, reflecting the principle of combining punishment with education.

At the same time, it should be noted that the platform economy has been in the development process of conflict between innovation and competition. Therefore, the anti-monopoly law enforcement in the field of platform economy needs to pay special attention to the legal space for innovation under the framework of the current anti-monopoly law. Business operators should carry out business activities within the scope permitted by law, design transaction process and business model, and must take into account competition, innovation and consumer interests. This law enforcement will undoubtedly help to deepen the understanding of the competitive behavior of platform enterprises and its consequences. Anti monopoly law enforcement agencies should be more active and effective in classified supervision and law enforcement, and support and standardize the development of platform enterprises. In the practice of law enforcement, we should fully grasp the relationship between support and regulation. The purpose of regulating according to law is to promote the development of platform economy. Anti monopoly supervision should ensure that the market can play a decisive role in the allocation of resources. We should maintain an open, inclusive and shared environment for platform economy, so that platform enterprises can win development opportunities in fair market competition and make the market always exist It is possible for Alibaba to respond to the actual needs of the platform economic development with scientific and effective anti-monopoly supervision.

It reflects the style of scientific and efficient supervision

The competition of platform economy is innovative and highly dynamic. Anti monopoly law enforcement needs to grasp the characteristics of rapid technological and business model change, short innovation cycle and dynamic competition in the field of platform economy, and conduct necessary competition effect analysis. Platform economy is an integrated economy, which integrates many legal relationships through information communication and digital technology. Consumers' online consumption only needs to press a few keys, which will trigger the emergence, change or termination of many legal relationships such as platform service legal relationship, commodity sales or service legal relationship, capital flow legal relationship, logistics service legal relationship and so on. Anti monopoly law enforcement needs to deconstruct these legal relations accurately. Due to the particularity of the platform economy and its competitive behavior, for the scientific definition of the relevant market, the comprehensive identification of the dominant position of the market, the evidence collection of illegal acts according to law, the full analysis of the competition effect, and the balance of leniency and strictness of administrative punishment, the Anti-monopoly law enforcement agencies should strengthen the competition according to the development status, development law and own characteristics of the platform economy, combined with the specific situation of the case Analysis and legal argumentation should be made to enhance the pertinence and scientificity of anti-monopoly law enforcement. The antitrust law enforcement in the field of platform economy puts forward higher requirements for law enforcement ability and scientific and efficient law enforcement work style to ensure the quality and efficiency of law enforcement. This law enforcement review of China's anti-monopoly law enforcement team's law enforcement ability and work style, enriches the anti-monopoly law enforcement experience in the field of platform economy, and provides a Chinese scheme for the global governance of platform economy.

Platform economy is an effective mode to conform to and lead the high-quality development of economy. Innovation is the most important driving force and key factor for the high-quality development of platform economy and even the whole economy. If there is no innovation, the competition is a low-level stock interest competition. Only when innovation becomes the driving force of development can we promote the competition of incremental interests and realize high-quality economic development. Therefore, we need to attach equal importance to innovation, competition and consumer interests, strengthen the anti-monopoly law enforcement in the field of platform economy, promote the development of platform economy in standardization, let competition guide and encourage platform enterprises to continuously carry out technological innovation and mode innovation, improve the level of competition through innovation, build a new development pattern, realize high-quality economic development and let consumers share the high-quality economic development The benefits of quality development.