Research on the Path of Identifying the Online Live-Streaming Marketing Behaviors within the Framework of the Anti-Monopoly Law of the People's Republic of China

Abstract

Although online live-streaming marketing shows nowadays play an important role in stimulating consumption and activating economic circulation, problems also arise and become more prominent, especially reflected from the marketing participants who are suspected of monopoly damage to the order of market competition. However, due to the absence of applicable antitrust norms for online live-streaming marketing, the legislation by far is insufficient for the determination of the subject in the process of the Anti-Monopoly Law. Worse still, there are legislative defects in constituting monopoly agreements and complex factors affecting the dominant market position. In recent years, foreign countries have attached great importance to the Internet antitrust issue and taken a number of powerful measures, such as the implementation of the hub-and-spoke conspiracy for identifying Internet platform and the clarification of the platform monopoly "synergistic behavior" judgment standards, etc., which is worthy of reference. China, in this sense, should adopt the antitrust law rules for the determination of the unincorporated form of the subjects in online live-streaming marketing, improve the identification path of online live-streaming marketing constituting the hub-and-spoke Conspiracy and collaborative behavior, update the determination criteria of the market dominance in the online live-streaming marketing and enrich the antitrust law determination procedure. All these methods will help to optimize the antitrust law identification path of the online live-streaming marketing.