The Regulation Anti-Unfair Competition Law on Either-or Choice Behavior of Online Platforms in E-Commerce

Abstract

With the prosperous development of the digital economy, major e-commerce platforms have increased their competitive advantage by implementing either-or choice behavior on operators within their platforms. Compared to the anti-monopoly law, which has strict application standards, the Anti-Unfair Competition Law covers a wider range of either-or choice behavior. However, the concept of neutrality of the article exclusive of Internet (the Article 12) neglects the infringement properties of unfair competition, and the enumeration of behaviors lacks typology. If the general articles are too flexible, it will lead to the offsite of application, and the main elements of judgment rely excessively on subjective measurement. In this regard, based on accurately grasping the infringement attributes of the conduct, the abstract features of the Internet article are clarified and supplemented, and the types are classified according to the standard of “directly affecting the free decision of consumers”. At the same time, the principle of “more or less” can be used to dynamically understand the application of Internet articles and traditional regulatory provisions in the regulation of unfair competition in the network environment. In addition, the principle helps to rationalize the relationship between the Internet underwriting articles and the general article, more objectively qualify the subjective discretionary scope of the general articles by whether the behavior has a legitimate interest and positive impact, and reduce the escape of the Internet article.