(Source: "Digital Rule of w88 online casino betting" 2025-04-26)
Editor's Note:As the 2025 National Intellectual Property Promotion Week, the journal "Digital w88 online casino betting" closely follows the theme of this event - "Intellectual Property and Artificial Intelligence". With the support and guidance of the Third Civil Trial Division of the Supreme People's Court and the Intellectual Property Court, it focuses on the latest achievements and latest developments in the practical development of intellectual property theory in the digital era, and launches a set of forward-looking, original and practical academic articles, hoping to serve the development of new quality productivity.
Legal regulations on platform monopoly
Host: Zhou Xiang (member of the Party Leadership Group and Deputy President of the Intellectual Property Court of the Supreme People's Court)
Talk: Huang Yong (Director of the Competition w88 online casino betting Center of the University of International Business and Economics and Professor of the School of w88 online casino betting, member of the expert consulting group of the Anti-Monopoly and Anti-Unfair Competition Committee of the State Council, and researcher of the Research Center for the Intellectual Property Judicial Protection of the Supreme People's Court), Sun Jin (Professor of the w88 online casino betting School of Wuhan University, Director of the Center for Competition w88 online casino betting and Competition Policy, Executive Vice President of the Network Governance Research Institute), Liu Shuangyu (Secretary of the Party Group and President of Beijing Intellectual Property Court), Zhu Dan (Secretary of the Party Group and President of Shanghai Pudong New District People's Court)
01
Zhou Xiang:Compared with traditional economy, the digital economy has the characteristics of high technology (algorithm) dependence, dual (multi-)lateral market, network effect, scale effect, low marginal cost, etc., which is prone to trigger monopoly behaviors such as data interoperability restrictions and algorithmic conspiracy, posing new challenges to anti-monopoly legal governance. Does the governance of its governance follow the path of public regulation of traditional anti-monopoly laws, or does it require a new perspective and plan?
Huang Yong:The business model of multilateral platforms, algorithms and data, such as the digital economy, combines multilateral platforms, algorithms and data, makes legal analysis more levels and complex. Digital platforms often serve multiple stakeholders at the same time. For example, e-commerce platforms connect consumers, merchants, logistics companies and other entities to form complex market relationships, which requires refined disassembly and analysis in individual cases.
In 2022, my country's Anti-Monopoly w88 online casino betting completed its first revision nearly 14 years after its implementation. The focus and highlights of this revision are very prominent, and the content about the digital economy is worth paying attention to.
Whether the amendment of the Anti-Monopoly w88 online casino betting, the issuance and update of its judicial interpretations and departmental regulations and supporting guidelines, and even administrative w88 online casino betting enforcement practices and judicial practices, they all reflect the process of mutual promotion of the Anti-Monopoly w88 online casino betting and the digital economy. Before the amendment of the Anti-Monopoly w88 online casino betting, the Anti-Monopoly Guidelines of the Anti-Monopoly Committee of the State Council on the Platform Economy (hereinafter referred to as the Anti-Monopoly Guidelines) was issued in February 2021. w88 online casino betting enforcement agencies made anti-monopoly punishment decisions on platform companies such as Alibaba and Meituan. The court also made a civil ruling on monopoly litigation in the digital economy such as JD.com, Alibaba, etc., indicating that the public regulatory path of the Anti-Monopoly w88 online casino betting has the flexibility to solve new problems and apply to new fields, and can cope with new challenges in the new era.
Huang Yong:Looking outside the domain, the antitrust legislation, w88 online casino betting enforcement and judicial practices of the United States and the European Union deserve our attention, and the most important thing is to understand its underlying logic. The United States has long applied consumer welfare standards, emphasizing market self-regulation and focusing on price and market efficiency.
Now, the digital economy has officially entered the "digital intelligence era" from the "digital platform stage". Some artificial intelligence models are more versatile, making the cross-border competitive attributes of digital intelligence more prominent, thus bringing more complexity to the application of w88 online casino betting. The problems and controversies caused by some companies adopting an open source business model require us to analyze and treat them carefully and meticulously. My thoughts on this is that Article 4 of the revised Anti-Monopoly w88 online casino betting has added the statement that "the state adheres to the principles of marketization and rule of w88 online casino betting, and strengthens the basic status of competition policy", and established the basic principles for the application of the Anti-Monopoly w88 online casino betting in the digital economy: The Anti-Monopoly w88 online casino betting, as the "Economic Constitution", should have the overall principle of "respect for the market and priority for competition". To put it further, it is the application of anti-monopoly rules, which must comply with the basic laws of market competition and innovation.
02
Zhou Xiang: The digital economy not only creates the legal system demand for digital property empowerment, but also raises the legal regulation of the competition order of the digital market (including anti-monopoly supervision of the digital economy). How do you view the relationship between the two?
Huang Yong: In the digital economy, due to the importance of data to competition in the digital market, the relationship between data protection and anti-monopoly has long been a hot topic of controversy. Generally speaking, operators hold massive data based on the characteristics of their products and services and business models is not a "monopoly", but their use of such data may cause monopoly problems.
As an act of empowerment and rights confirmation, digital property empowerment usually does not cause new competition problems. The core of digital property empowerment (such as data rights protection and virtual asset rights confirmation) is to clarify the boundaries of rights, define the rules of use, transaction and income of digital resources through laws, and avoid blurred ownership and causing "tragedy in the commons" (such as disorderly data crawling, "free riding" etc.).
For w88 online casino betting enforcement of data monopoly behaviors, the key is to examine whether data use behaviors exclude and limit market competition, and digital property empowerment may become a consideration in individual cases. For example, in the EU's case of comparative Google shopping services, the focus of w88 online casino betting enforcement punishment is on the abuse of "using data advantages to favor own services", and data and its rights are presented as instrumental elements for the implementation of monopoly behavior.
In some cases, there may be competition and cooperation between the Data Protection w88 online casino betting and the Anti-Monopoly w88 online casino betting. A typical case is the German Federal Cartel Office (FCO) punishing Meta (formerly Facebook) for abuse of data.
The power attributes of data elements still exist in the field of w88 online casino betting. Some scholars argue that data behavior can be directly regulated, especially for data in the public domain, it should not contain any rights; some scholars believe that data should be protected by reference to trade secrets; and some scholars argue that data has mixed attributes and that tort w88 online casino betting, contract w88 online casino betting and competition w88 online casino betting should be applied at the same time.
In any case, any w88 online casino betting enforcement respects and recognizes legitimate rights and interests. Under this premise, antitrust w88 online casino betting enforcement takes exclusion and restriction of competition as the statutory standard for judging the illegality of corporate behavior, and at the same time, factors such as innovation and efficiency must be considered. Corresponding rights and responsibilities is the most basic legal principle. If the data rights and interests of platform enterprises are clarified, platform enterprises must assume corresponding obligations such as protecting data security.
In short, digital property empowerment is essentially a legal upgrade of the market competition order, rather than a subversive challenge. Competition w88 online casino betting rules such as the Anti-Unfair Competition w88 online casino betting and Anti-Monopoly w88 online casino betting only need to be refined under the existing logic without reconstructing the institutional paradigm.
03
Zhou Xiang: From a monopoly perspective, how to follow the laws of digital society and platform operation logic to clarify the legitimacy and limits of its behaviors by restricting and prohibiting the use of technical means to guide traffic to other platform operators or specific users within the platform?
Huang Yong:The essence of platform ban behavior is how the platform reasonably uses the "traffic allocation rights". Relying on its data, algorithms, platform rules, platform access rules, etc., the platform may implement behaviors such as refusal of transactions, differentiated treatment, and monopoly agreements in the sense of anti-monopoly w88 online casino betting.
There are generally two types of platform bans: one is inter-platform bans, that is, the platform prohibits its own users from diversion to competing platforms through in-platform links or QR codes, to prevent users from flowing out, such as early WeChat bans Taobao links, Facebook restricts external links, etc.; the other is in-platform bans, that is, the platform places selective restrictions on in-platform operators, for example, reducing the exposure rate of competitor products or services in rankings and search results (such as self-preferential treatment in Google search cases).
The possible harm caused by platform bans is as follows: First, the exclusive anti-competitive effect is hindering competitive platforms or other operators from obtaining market opportunities and raising the costs of other operators. Second, the self-preferential effect, the platform favors its own or related services, leaving competitors in a state of unfair competition.
From the perspective of US and European legislation and w88 online casino betting enforcement practices, platform banning is not of course illegal. The United States adopts more case analysis ideas. For example, in the case of Epic Games v. Apple, the court reviewed the Apple App Store's ban on third-party payment links and determined that Apple's implementation of this restriction has the effect of promoting efficiency.
Platform ban behavior may usually cause w88 online casino betting enforcement attention under the abuse of market dominance clause. Such cases require illegal judgments based on factors such as relevant market, dominance, anti-competitive effects of the behavior, and reasonable defense reasons. For the platform, the implementation of the ban may have a series of rationalities: First, maintain the integrity of the ecological system, that is, protect the ecosystem established by itself, and prevent the malicious drainage of "free riding" behavior from causing user loss and causing ecological collapse.
According to antitrust laws and regulations on platform bans, relevant markets need to be used as the dimension of competition analysis. Individual cases may involve various factors such as the overall market competition environment, platform interests, user interests, consumer interests and information compliance. If the ban seriously damages competitors' market access opportunities or innovation space and reduces market competitiveness for a long time, it may constitute a monopoly behavior that should be prohibited in accordance with the w88 online casino betting.
It should be emphasized that the platform's rules and practices regarding bans should also pay attention to strengthening relevant compliance construction. For example, the standards and procedures of banning must be open and transparent to ensure that banning is not arbitrary; no differentiation should be carried out on specific operators unless there are legal and legitimate reasons; the banning measures must be proportional to the achievement of legitimate purposes and must not exceed the necessary limits required to protect reasonable interests.
04
Zhou Xiang: In recent years, the behavior of platform companies with dominant market positions in acquiring start-ups has attracted attention. This type of mergers and acquisitions that may curb future market dynamic competition and innovation vitality are called "suffering mergers and acquisitions". Some people believe that anti-monopoly legal regulations should be imposed on such behaviors. So, how to regulate the "suffering mergers and acquisitions" of startups by super platforms that may have anti-competitive effects?
Huang Yong:Neither the EU's Digital Markets Act nor the new M&A review guide led by the United States' "New Brandeis" does not use the wording of "suffering M&A". This word itself seems to express a negative attitude towards such mergers and acquisitions, which can easily cause misunderstandings of "self-immortality" and "presumption of guilt" in practice, which is contrary to the general ideas and principles of the concentration of anti-monopoly regulations by operators in various countries.
The so-called "suffering mergers and acquisitions" summarizes the transaction types of leading platform companies acquiring startup platform companies. From the perspective of dynamic competition and innovation, the competitive evaluation of digital mergers and acquisitions of super platforms is very complex.
The reason why "suffering mergers and acquisitions" attracts w88 online casino betting enforcement attention has its internal logic. For example, w88 online casino betting enforcement agencies' attention to "suffering mergers and acquisitions" occurs in the pharmaceutical field and the pharmaceutical industry's regulatory policies have brought extremely high market entry barriers.
The market characteristics of the digital economy are very different from those of the pharmaceutical industry. Digital products or services can often be continuously updated and upgraded according to changes in consumer demand, and continue to add different functions on the basis of existing products to achieve diversified uses. Analyzing the "suffering mergers and acquisitions" in the digital economy is essentially about focusing on potential competition and innovation.
Discussing the complexity of "stifling mergers and acquisitions" in the digital economy field will help improve the w88 online casino betting enforcement efficiency and effectiveness of related centralized transactions. my country's current institutional rules can better regulate the "stifling mergers and acquisitions" of super platforms.
attached original link:https://mp.weixin.qq.com/s/-f4QEUuQeog1cb8G-OJZ7A
