Journal of Shanghai University (Social Science Edition) ›› 2023, Vol. 40 ›› Issue (5): 105-119.

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Chinese Solution: Implications of the EU Innovative Regulation of Digital Platform“Gatekeepers”

  

  1. LI Ben  :Law School, Shanghai University; XU Huanya: Law School, Southwest University of Political Science and Law
  • Received:2022-11-15 Online:2023-09-15 Published:2023-09-20

Abstract: The importance of Internet platforms in the global digital economy is self-evident. However, a
few super platforms, characteristic of strong bilateral connectivity and data monopoly, are likely to abuse market
power and become digital platform“gatekeepers”setting barriers to market entry, thus damaging both the rights
and interests of consumers and the market environment for fair competition. As an industry legislation made
specifically to regulate Internet platforms, the EU Digital Markets Act breaks away from the regulatory
framework of the traditional competition law. Some of its regulatory innovations, such as strengthening ex-ante
regulation, imposing data portability and interoperability obligations on“gatekeepers”, have reflected the new
trend of Internet platform regulation. In the future, China can appropriately use the legislative experience of EU
for reference, implement classified supervision on Internet platforms, strengthen ex-ante regulation, and
explore local approaches to the portability and interoperability of platform data.

Key words: Digital Markets Act;“gatekeepers”, competition law, digital platform, ex-ante regulation

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