反垄断视角下数字平台自我优待行为的法律规制

Legal Regulation of Self-Preferential Behavior of Digital Platforms from the Perspective of Anti-Monopoly

摘要: 近年来，数字经济的繁荣发展引发了一系列法律问题。其中，数字平台基于拓展市场需要实施的自我优待行为以及对此行为的规制成为反垄断法领域研究的焦点问题。数字平台的双重角色使其具有实施自我优待行为的能力和动机，自我优待行为与拒绝交易、搭售和差别待遇具有明显差别，应当将其界定为一种新型的滥用市场支配地位的行为。且自我优待行为不具有本身违法性，应当在考量其双重作用的前提下对数字平台的双重角色进行规范，并赋予数字平台在实质公平、创新和商业惯例等方面的抗辩权，通过设计具有针对性的自我优待行为规制条款，探索出规制自我优待行为的具体路径，保障数字经济的健康可持续发展。

Abstract: In recent years, the prosperous development of the digital economy has triggered a series of legal issues. Among them, the self-preferential behavior that digital platforms need to implement to expand the market and the regulation of this behavior have become the focus of research in the field of anti-monopoly law. The dual role of digital platforms endows them with the ability and motivation to engage in self-preferential behavior. Self-preferential behavior differs significantly from refusal to trade, bundling, and differential treatment, and should be defined as a new form of abuse of market dominance. Moreover, self-preferential behavior does not have inherent illegality. Therefore, the dual roles of digital platforms should be regulated based on their dual functions, and digital platforms should be given the right to defend themselves in terms of substantive fairness, innovation, and business practices. By designing targeted regulations for self-preferential behavior, specific paths for regulating self-preferential behavior can be explored to ensure the healthy and sustainable development of the digital economy.