我国电商平台反垄断监管的现存问题与完善路径

Existing Problems and Improvement Paths of Antitrust Regulation on Chinese E-Commerce Platforms

摘要: 电商平台公共性增强使其“权利”异化，传统民法缺位、经济法偏重外部竞争，亟需引入商法“分权–弱权–程序控权”的自治机制，通过成员权整合、协商控权、治理权转移实现共建共治；而平台常态化、复杂的限定交易等不公平行为威胁了中小商家生存与竞争秩序，却因《反不正当竞争法》《反垄断法》《电子商务法》概念重叠、适用冲突、体系缺位等导致执法分化，故未来应以“损害竞争维度”为统一标尺，优先适用竞争法，并同步完善事前规制立法，在平台自治与三法协同的双重路径下构建公平、透明、高效的治理框架。

Abstract: The enhanced public nature of e-commerce platforms has led to the alienation of their “rights”. With the absence of traditional civil law and the predominant focus of economic law on external competition, there is an urgent need to introduce the commercial law-based autonomous mechanism of “decentralization, power-weakening, and procedural control.” This can be achieved through the integration of membership rights, negotiated control of power, and the transfer of governance rights to realize co-construction and co-governance. Meanwhile, the platform’s routine and complex restrictive trading practices, among other unfair behaviors, have threatened the survival of small and medium-sized businesses and disrupted competitive order. However, due to conceptual overlaps, applicability conflicts, and systemic gaps among the Anti-Unfair Competition Law, the Anti-Monopoly Law, and the E-Commerce Law, enforcement has become fragmented. Therefore, future efforts should adopt “competitive harm dimension” as a unified benchmark, prioritize the application of competition law, and simultaneously improve ex-ante regulatory legislation. A fair, transparent, and efficient governance framework should be established through the dual pathways of platform autonomy and the synergistic application of the three laws.