平台企业的双重面向及反垄断监管因应OACHSSCD

As the object of anti-monopoly regulation,platform enterprises establish the autonomous order based on technological innovation and business model,enabling or assisting anti-monopoly regulation.However,the formation,maintenance,and strengthening of the market power of platform enterprises make them out of the anti-monopoly regulation,and the problem of"too big to be managed"appears.In the field of platform economy,the deregulation of the platform enterprises anti-monopoly regulation leads to the failure of the"disruptive innovation"theory,the market self-repair mechanism and the traditional anti-monopoly regulatory tools.Then the market competition appears to be in serious disorder.Other jurisdictions have tried to regulate platform companies with gatekeepers,but such strict regulation has raised concerns about weakening innovation,and its limitations are also obvious.The anti-monopoly regulation of platform enterprises should establish the idea of"anti-monopoly compliance guidance+anti-monopoly law deterrence".On the one hand,the value of anti-monopoly compliance guidance should be highlighted,and platform enterprises should be guided and encouraged to realize self-regulation through advocacy norms.On the other hand,it emphasizes the bottom line of the anti-monopoly law,and uses strict punishment to deter platform enterprises to realize heteronomy regulation.