电商平台强制二选一行为的反垄断分析研究

Antitrust Analysis Research on the Forced “Either-Or” Choice by E-Commerce Platforms

摘要: “二选一”行为本质是排他性交易，电商平台利用“二选一”滥用市场支配地位，目标是市场独占。电子商务法、反垄断法、反不正当竞争法是规制电商“二选一”的法律依据，但现有法律条文难以对“二选一”行为进行有效制裁。“二选一”行为会造成市场垄断，反垄断法是规制的核心。分析“二选一”行为时要注意电商平台的行业特点，从电商平台的市场结构入手，明确电商平台的相关市场，评估“二选一”行为的实际影响，有助于得出合理恰当的结论。

Abstract: The “either-or” choice essentially constitutes an exclusive transaction. E-commerce platforms use the “either-or” tactic to abuse their dominant market position, aiming for market monopoly. The E-commerce Law, Anti-Monopoly Law, and Anti-Unfair Competition Law serve as the legal basis for regulating the “either-or” practices of e-commerce. However, the existing legal provisions are insufficient to effectively sanction the “either-or” behavior. Such practices can lead to market monopolization, with the Anti-Monopoly Law being the core of regulation. When analyzing the “either-or” behavior, it is important to consider the industry characteristics of the e-commerce platforms. Starting with the market structure of the e-commerce platforms, clarifying their relevant markets, and assessing the actual impact of the “either-or” behavior will contribute to reaching a reasonable and appropriate conclusion.