Chinanews.com, Beijing, August 22 (Lei Xiaolin and Xia Bin) The seminar "Openness, Neutrality and Innovation Driven-Platform Ecological Governance Concepts and Paths" organized by the Internet Rule of Law Research Center of the University of Chinese Academy of Social Sciences was recently online Held.
Lin Wei, a partner of Daxiao Law Firm and deputy secretary-general of the Competition and Antitrust Law Committee of the Beijing Bar Association, said at the meeting that the profound changes in the world economy have created a gap between the economic structure and the application of antitrust laws. The ban on the platform will damage the market innovation mechanism. It should return to the original intention of free circulation of information and build an open and interconnected platform economy.
"The basic original intention of the Internet is the free flow of information." Lin Wei pointed out that the Internet industry will have more fragmentation than other traditional industries because the current competition law in the traditional industrial era has some failures. Every time The digital revolution or technological revolution brings about the improvement of production efficiency and the concentration of production materials and resources. Under the conditions of the Internet and digital economy, this concentration far exceeds all previous technological revolutions.
"So even though we have seen the "Anti-Monopoly Law" come into effect in just a dozen years now, especially before the introduction of various guidelines last year, our law, especially in the field of digital economy, basically did not play a big role. ."
Lin Wei said that we see a core issue that is most concerned by various platform industries, that is, the competition between giants and giants discussed between lawyers, such as the battle of Touteng, Douyin sued Tencent for blocking the content of its products and blocking the platform. The behavior is directly exposed to the public view.
Under the current regulatory logic, if an economic organization loses its ability to metabolize or lose its protection for innovation, it will make the development of the industry extremely difficult.
At the user level, Lin Wei pointed out that consumer perception is a very important factor and indicator of competition damage considerations.
The separation of the law and the economic structure has a particularly bad impact on users and consumers. Once many problems enter the judicial process, the judicial officials must apply them in accordance with the current legal text, which is inconsistent with the user’s perception. Then these problems are Will cause distrust of users, and this distrust will further damage the legal authority.
He suggested that the damage to the competitive landscape should be judged from the perspective of users and consumers, as well as the growth opportunities of SMEs.
"When policies are involved in a timely manner, we can form a kind of industry self-discipline and consensus through soft constraints, and then promote appropriate legislation. I think such a rhythm is correct and more efficient, and it will also conform to ours. The current situation." Lin Wei believes that from the perspective of the business environment of small and medium-sized enterprises, it can actually be compared to the previous monopoly of telecom broadband services in various office buildings. In fact, most of these problems are only after the relevant departments have interviewed telecom operators and properties. For more efficient solutions, not many people enter the judicial process.
Lin Wei bluntly said that for the digital economy, most of the cases and their damages do not actually occur between giants and giants. We must pay more attention to the impact on innovation and the development of small and medium-sized enterprises. In the Internet industry, small and medium-sized enterprises may fundamentally Can't wait for the judicial process to complete the cycle, the current situation also puts forward some new requirements for judicial officials, but each case through judicial settlement may not be the best way to deal with it.
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