电商平台“二选一”行为中的消费者权益

Consumers’ Rights and Interests in the “Either-Or” Practice of E-Commerce Platforms

摘要: 随着电商平台成为主要消费场景，平台间竞争日趋激烈。部分优势平台通过对商家施加“二选一”限制，不仅扰乱市场竞争秩序，更对广大消费者的合法权益造成隐蔽而深远的侵害。本文结合美团“二选一”典型案例，以双边市场理论和消费者福利标准为分析框架，系统阐述该行为对消费者知情权、公平交易权、选择权等权益的具体侵害，论证消费者权益保护在规制“二选一”行为中的核心价值，反思当前法律保护在诉权、责任与救济机制上的不足，进而构建涵盖事前预防、事中监督、事后救济的三阶段性治理框架，为平台经济时代消费者权益的系统性保护提供学理支持与路径参考。

Abstract: As e-commerce platforms have evolved into primary consumption scenarios, competition among these platforms has become increasingly fierce. Some dominant platforms impose “either-or” restrictions on merchants, which not only disrupt the order of market competition but also inflict concealed and far-reaching harm on the legitimate rights and interests of consumers at large. Based on the typical case of Meituan’s “either-or” practice, this paper adopts the theory of two-sided markets and the consumer welfare standard as its analytical framework. It systematically expounds on the specific infringements of such practices on consumers’ rights to know, right to fair trade and right to choose. It also demonstrates the core value of consumer rights protection in regulating “either-or” conduct, reflects on the deficiencies of current legal protection in terms of litigation rights, liabilities and remedy mechanisms, and further constructs a three-stage governance framework covering ex-ante prevention, in-process supervision and ex-post remedy. This paper thus provides theoretical support and path references for the systematic protection of consumer rights and interests in the era of platform economy.