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Identification and Regulation of Abuse Dominant Position by Digital Platform in China and the EU

Han, Chenge LU (2024) JAEM01 20241
Faculty of Law
Department of Law
Abstract
As digital platforms play an increasingly significant role in the global economy, anti-monopoly identification and regulation face new challenges, particularly concerning the abuse of dominant position by digital platforms. This thesis analyzes the characteristics of platforms, including their multi- sided market nature, scale effects, and lock-in effects, highlighting how these factors complicate the application of traditional anti-monopoly rules and exploring the current challenges in that legislation. The study focuses on China's Anti-Monopoly Law, examining its revisions to address the challenges posed by platforms, with particular emphasis on how Chinese law identifies abuse of market dominance, especially in terms of data,... (More)
As digital platforms play an increasingly significant role in the global economy, anti-monopoly identification and regulation face new challenges, particularly concerning the abuse of dominant position by digital platforms. This thesis analyzes the characteristics of platforms, including their multi- sided market nature, scale effects, and lock-in effects, highlighting how these factors complicate the application of traditional anti-monopoly rules and exploring the current challenges in that legislation. The study focuses on China's Anti-Monopoly Law, examining its revisions to address the challenges posed by platforms, with particular emphasis on how Chinese law identifies abuse of market dominance, especially in terms of data, algorithms, and technological control. Additionally, the thesis investigates the legal framework under Article 102 TFEU of the Treaty on the Functioning of the European Union (TFEU) and the Digital Markets Act (DMA), with a particular focus on their application to digital platforms. Through a comparative analysis, the study reveals the convergence and divergence between China and the EU in addressing market dominance by digital platforms. Finally, the thesis discusses the reasons behind these differences and offers potential solutions to the challenges posed by the abuse of dominant position in the platform market. (Less)
Please use this url to cite or link to this publication:
author
Han, Chenge LU
supervisor
organization
course
JAEM01 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Platform, Digital Markets, Abuse of dominant position, Anti- monopoly law, DMA, Relevant market, Market dominant position.
language
English
id
9175118
date added to LUP
2024-09-23 11:05:40
date last changed
2024-09-23 11:05:40
@misc{9175118,
  abstract     = {{As digital platforms play an increasingly significant role in the global economy, anti-monopoly identification and regulation face new challenges, particularly concerning the abuse of dominant position by digital platforms. This thesis analyzes the characteristics of platforms, including their multi- sided market nature, scale effects, and lock-in effects, highlighting how these factors complicate the application of traditional anti-monopoly rules and exploring the current challenges in that legislation. The study focuses on China's Anti-Monopoly Law, examining its revisions to address the challenges posed by platforms, with particular emphasis on how Chinese law identifies abuse of market dominance, especially in terms of data, algorithms, and technological control. Additionally, the thesis investigates the legal framework under Article 102 TFEU of the Treaty on the Functioning of the European Union (TFEU) and the Digital Markets Act (DMA), with a particular focus on their application to digital platforms. Through a comparative analysis, the study reveals the convergence and divergence between China and the EU in addressing market dominance by digital platforms. Finally, the thesis discusses the reasons behind these differences and offers potential solutions to the challenges posed by the abuse of dominant position in the platform market.}},
  author       = {{Han, Chenge}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Identification and Regulation of Abuse Dominant Position by Digital Platform in China and the EU}},
  year         = {{2024}},
}