电商经济的反垄断困境治理研究——以平台算法垄断为视角

Research on the Anti-Monopoly Dilemma and Governance of the E-Commerce Economy—From the Perspective of Platform Algorithm Monopoly

摘要: 随着电子商务经济的快速发展，平台垄断行为逐渐成为制约市场公平竞争与消费者权益保护的突出问题。本文以电商平台算法垄断为切入点，系统分析其表现形式、形成机理及法律规制困境。研究发现，电商平台通过“二选一”协议、算法合谋、数据垄断等手段实施市场支配地位滥用，而现行法律体系在规制中存在立法滞后、监管机制碎片化、责任认定模糊、法律适用性弱化等问题。基于此，本文提出从完善算法透明化规则、强化平台主体责任、强化数据合规治理、构建多元协同治理机制等方面完善法律规制体系，以期平衡平台经济创新与公平竞争的关系，促进电商经济健康发展。

Abstract: With the rapid development of the e-commerce economy, platform monopoly behavior has gradually become a prominent issue that restricts fair competition in the market and the protection of consumers’ rights and interests. This article takes the algorithm monopoly of e-commerce platforms as the starting point, and systematically analyzes its expression, formation mechanism and legal regulatory dilemma. The study found that e-commerce platforms abuse market dominance through “two-choice-one” agreements, algorithm collusion, data monopoly and other means, while the current legal system has problems such as legislative lag, fragmentation of regulatory mechanism, vague identification of responsibility, and weaker ability of law in regulation. Based on this, this article proposes to improve the legal regulation system in terms of improving algorithm transparency rules, strengthening the main responsibility of the platform, strengthening data compliance governance, and building a diversified collaborative governance mechanism, in order to balance the relationship between platform economic innovation and fair competition and promote the healthy development of e-commerce economy.