面对数字时代平台化、动态化、以数据为核心的竞争特点,传统反垄断分析框架难以适用,垄断行为判定困难,反垄断执法实践也面临挑战。国际主要反垄断辖区纷纷对诸多挑战采取应对行动。各国在监管目标、数字经济发展水平上存在差异,但在监管思路、执法环节等方面的先进经验值得我国借鉴。我国数字经济领域反垄断规则不断完善,反垄断实践不断加强,整体反垄断制度仍然适用,但还要针对数字经济时代下的新问题及时调整,建议在操作路径、执法工具、监管原则、人才培养等方面继续加强。
<<This article is of the view that,in the face of the platform-based,dynamic,and data-centric competition characteristics of the digital age,it would be difficult to apply traditional anti-monopoly analytical framework,define monopoly behavior,and the practice of anti-monopoly law enforcement is also facing challenges. Major international antitrust jurisdictions have already taken actions against various challenges. Although nation states differentiate in their regulatory objectives and the level of digital economy development,their advanced experiences in regulatory thinking and law enforcement practices could be a valid reference point for us. For the time being,China’s anti-monopoly rules in the field of digital economy are constantly improving,anti-monopoly practices are constantly being strengthened,and whereas the overall anti-monopoly system is still applicable,it is necessary to adjust in time to new issues arising in the digital economy era. It is recommended that operational paths,law-enforcement tools,supervision principles,and capacity building should be enhanced.
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