SHS Web Conf.
Volume 162, 20235th International Conference on Art, Design and Cultural Studies (ADCS 2023)
|Number of page(s)||6|
|Published online||21 April 2023|
Legal Regulation of Internet Platform Banning Behaviors
Zhongnan University of Economics and Law, Wuhan City, China
There are frequent banning behaviors in the field of Internet platforms in China, which harm the interests of other operators, harm market innovation, and damage the rights and interests of consumers. The market self-healing function in traditional economics does not have a realistic basis and cannot play its practical effect. The regulation of the banning behavior not only will not produce economic damage, but also is conducive to reduce the damage of rights and interests in the competitive market, so it is urgent to regulate this behavior through the anti-monopoly law.The exsiting anti-monopoly law has the dilemma of insufficient explanation and limited application to the regulation of the banning behavior. It is feasible and necessary to introduce the ex ante supervision mode of the comparative law, namely the platform gatekeeper theory, which can effectively suppress the banning behavior of the platform. Therefore, the gatekeeper theory should be perfected from the aspects of gatekeeper’s definition standard, gatekeeper’s obligation and gatekeeper’s platform’s defense.This paper provides implications for improving the regulation of banning behaviors in China.
Key words: Platform Banning Behavior / Platform Gatekeeper Theory / Anti-Monopoly Law / Ex-ante Regulation
© The Authors, published by EDP Sciences, 2023
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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