w88 casino News(Contributed by Law w88 casino)On April 24, 2021, the “Seminar on Competition Law Regulation of the ‘Choose One’ Behavior of Food Delivery Platforms” jointly organized by the w88 casino Law w88 casino and the Beijing Normal University Law w88 casino was held at the w88 casino. Scholars from Shanghai Jiao Tong University Law w88 casino, Shanghai University of Finance and Economics Law w88 casino, Beijing Normal University Law w88 casino, University of the Chinese Academy of Social Sciences, East China University of Political Science and Law, Institute of International Law of the Chinese Academy of Social Sciences, Comparison Magazine Research Department, w88 casino Law w88 casino and other units, as well as practical experts from the Beijing Lawyers Association, Shandong Catering and Accommodation Industry Association, Xibei Group, etc. gathered together to conduct a full and in-depth discussion on the competition law regulation of the "choose-one" behavior of food delivery platforms.
(Conference site)
In recent years, the behavior of food delivery platforms forcing merchants on the platform to "choose one of the two" has been common and repeatedly banned, causing heated discussions from all walks of life. Prime Minister Li Keqiang pointed out in the 2021 Government Work Report: "The state supports the innovative development of platform companies and enhances international competitiveness, while at the same time regulating development in accordance with the law. Strengthening anti-monopoly and preventing disorderly expansion of capital, and resolutely maintaining a fair competitive market environment." Recently, law enforcement and judicial enforcement against the "choose-one" of food delivery platforms have continued to deepen, forming a series of important administrative penalty decisions and judicial judgments, which have important demonstration significance. The convening of this meeting provided a timely response and response to the practical trends of national rule of law construction.
Mr. Shen Sibao, professor at the w88 casino of Law at the w88 casino and president of the International Economic Law Research Society of the China Law Society, said in his speech that the platform economy must be both regulated and developed. The recent national regulations on Internet platforms have emphasized the need to curb the disorderly expansion of capital in the platform economy. In practice, some platform companies have a prominent problem of forcing merchants on the platform to implement "choose one", and legal regulations are urgently needed.
(Professor Shen Sibao)
Professor Mei Xiaying, Dean of the Law w88 casino of the w88 casino, pointed out in her speech that the platform's behavior of requiring merchants to "choose one of the two" is inappropriate from the current Internet economic format and has also brought great harm to real life. The platform uses public resources and market advantages to make merchants and consumers passive. This behavior has had a strong negative impact on society and has attracted the attention of regulatory agencies and academic circles. It cannot be allowed to grow wildly. From the perspective of antitrust law, companies are required to adhere to the two bottom lines of "guaranteing market freedom" and "prohibiting abuse of advantageous positions." The competition law regulation of the "choose-one" behavior of food delivery platforms is an issue that needs to be solved urgently.
(Dean Mei Xiaying)
The theme of the first unit is "Antitrust laws and regulations on the "choose one" behavior of food delivery platforms", which was hosted by Associate Professor Zhang Xin, Assistant Dean of the Law w88 casino of the w88 casino.
(Associate Professor Zhang Xin)
Professor Wang Xianlin of Shanghai Jiao Tong University w88 casino of Law pointed out that at present, both the world and the country are attaching great importance to anti-monopoly issues in the field of platform economy, and anti-monopoly law enforcement and justice for Internet platforms will be further strengthened in the future. Although there are still some different perceptions of the "choose one" behavior, the competitive harm caused by this behavior in the market, including the catering takeout industry, is relatively obvious. The relevant antitrust guidelines, law enforcement and judicial actions have also released a strong signal for legal supervision. On the basis of rigorous competition analysis and sufficient legal argumentation, it is quite possible that the "choose-one" behavior of food delivery and other related platforms will be deemed an abuse of market dominance.
(Professor Wang Xianlin)
Assistant Professor Yuan Bo of the Law w88 casino of Shanghai University of Finance and Economics pointed out that in recent years, national regulatory authorities have made it clear that they will severely investigate and deal with the "choose-or" behavior of platforms. Just half a month ago, the State Administration for Market Regulation and three other ministries and commissions interviewed 34 platform companies to resolutely eliminate the platform's "choose-one" behavior. It can be said that in the past two to three years, the state’s regulatory attitude towards “choose one” has changed from strict supervision to resolute root-and-branch control. Regarding the relevant market definition issues in the legal regulation of platform monopoly, Assistant Professor Yuan Bo introduced the corresponding overseas experience and reference points using the merger of Amazon and Deliveroo as an example.
(Assistant Professor Yuan Bo)
Liu Xiaochun, executive director of the Internet Rule of Law Research Center of the University of Chinese Academy of Social Sciences, believes that when it comes to defining the relevant geographical markets for food delivery platform services, the time requirements for delivery, that is, the regional characteristics belong to the merchants rather than the platform, and the platform operators are national. Therefore, the relevant geographical market definition of the food delivery platform is not necessarily limited to the delivery scope of the merchant, such as a single city, and further research is needed.
(Executive Director Liu Xiaochun)
The theme of the second unit’s discussion is the anti-unfair competition law regulation of the “choose one” behavior of food delivery platforms. It was hosted by Professor Feng Hui, Vice Dean of the Law w88 casino of the w88 casino. Professor Gao Fuping, Dean of the Institute of Internet Law at East China University of Political Science and Law, believes that when a platform participates in market competition, its business model naturally determines the need to achieve development through certain strategies, and "choose one of the two" as a business model is objective. However, the competitive behavior of platforms should also be subject to certain restrictions. The "E-Commerce Law" and "Online Transaction Management Measures" have made very clear provisions. Law enforcement should be strengthened and linked to the "Anti-Unfair Competition Law" and the "Anti-Monopoly Law" to form a more complete regulatory system.
(Professor Gao Fuping)
Associate Professor Huang Jin of the Institute of International Law, Chinese Academy of Social Sciences, analyzed the existing regulatory basis and deficiencies of the “choose one” behavior, focusing on the relevant rules on the platform’s “choose one” behavior in the “Measures for the Supervision and Administration of Online Transactions (Draft for Comments)” promulgated by the State Administration for Market Regulation. Associate Professor Huang Jin believes that the legal regulation of platform “choose one” behavior requires the cooperation of operators, industry associations, administrative agencies, and judicial agencies to solve the problem.
(Associate Professor Huang Jin)
Chairman Zhang Wenkui of the Shandong Provincial Catering and Accommodation Industry Association called on the "choose-one" behavior of food delivery platforms to put catering merchants and enterprises in a weak position and increase industry costs. What's more, "choosing one from the other" has led to some counterfeiting and shoddy products, directly endangering the physical and mental health of consumers. President Zhang Wenkui said that this seminar strengthened the association’s confidence in continuing to organize catering merchants to protect their rights.
(President Zhang Wenkui)
Professor Feng Hui, deputy dean of the w88 casino of Law at the w88 casino, concluded in the meeting summary that the speeches of the experts participating in the meeting deepened the understanding of the legal regulation of the platform’s “choose one” behavior and played an important role in the improvement of future legal regulations. Professor Feng Hui believes that the platform’s “choose one” behavior is a new type of issue that has emerged in the legal governance of the platform economy. It not only involves how to apply existing laws, but also involves how to innovate the concepts and rules of legal governance. Platform business models, including "choose one" behavior, have complex and diversified impacts. We should neither let it go nor make a "one size fits all" judgment. Instead, we should explore more reasonable rules based on trial and error. The legal governance of the platform economy should be dedicated to the creation of incremental benefits, and the design of rules should focus on the balance of interests.
(Professor Feng Hui)
In addition, Jiang Ying, vice president of Xibei Group, Chen Yongwei, director of the research department of "Compare" magazine, Liu Kejiang, director of the Competition and Antitrust Law Committee of the Beijing Lawyers Association, and Sun Xinkuan, assistant professor of Beijing Normal University Law w88 casino, also participated in the discussion and gave wonderful speeches based on their respective research fields. Guests attending this meeting also included comrades from law enforcement agencies, judicial agencies, China Consumers Association and other institutions.
(Conference site)
