SELF-PREFERENTIAL TREATMENT OF DIGITAL PLATFORMS AND ITS ANTI-MONOPOLY REGULATION

Abstract

The rapid development of the digital economy has given rise to the issue of self-preferential treatment by digital platforms. This paper argues that self-preferential treatment stems from the dual role of platform operators and the "anchoring effect" in the operation of digital platforms. Self-preferential treatment conducted by digital platforms is a manifestation of the leverage effect in the digital economy, thus requiring corresponding anti-monopoly regulation. However, platform self-preferential treatment is significantly different from the restricted transactions, tying, and differential treatment stipulated in the current Anti-Monopoly Law. It should be regarded as an independent abuse of dominant market position and the concept of digital essential facilities should be introduced to regulate such behavior.