电子商务平台“二选一”行为的反垄断规制研究

Research on Anti-Monopoly Regulation of the “Choice of Two” Behavior of E-Commerce Platforms

摘要: 本研究聚焦于数字经济时代电商平台“二选一”行为的反垄断法律规制问题。“二选一”行为被界定为电商平台利用其优势地位要求商家独家销售，具有强制性和手段多样性等特征。该行为在一定程度上会导致消费者权益、其他电商平台和商家权益以及社会公共利益受损。同时，“二选一”行为可能会导致寡头垄断的局面，针对我国现有法律对“二选一”行为规制存在不足的情况，完善以反垄断法为核心的规制路径是打破僵局的关键。但仍面临滥用市场支配地位认定模糊、相关市场界定复杂及竞争损害认定困难等挑战。为此，建议采取明确界定电商平台市场支配地位、充分界定相关市场范围、构建竞争损害评估框架等措施进行规制。这些措施旨在有效规制“二选一”行为，维护市场公平竞争秩序。

Abstract: This research focuses on the anti-monopoly legal regulation of the “choice of two” behavior of e-commerce platforms in the era of digital economy. The “choice of two” behavior is defined as an e-commerce platform taking advantage of its dominant position to require merchants to sell exclusively, which has the characteristics of compulsion and diversity of means. To a certain extent, this behavior will lead to damage to the rights and interests of consumers, other e-commerce platforms and merchants, and the public interest. At the same time, the “choice of two” behavior may lead to an oligopoly situation, and in view of the inadequacy of China’s existing laws on the regulation of “choice of two” behavior, improving the regulatory path with the anti-monopoly law as the core is the key to breaking the deadlock. However, it still faces challenges such as the vagueness of the determination of abuse of market dominance, the complexity of the definition of the relevant market, and the difficulty of determining the damage to competition. Therefore, it is recommended to adopt measures such as clearly defining the dominant market position of e-commerce platforms, fully defining the scope of relevant markets, and establishing a framework for assessing competition harm. These measures are aimed at effectively regulating the “choice of two” behavior and maintaining the order of fair competition in the market.