Thanks to the support and encouragement of the Chinese government over the past decade, China’s platform economy has made rapid progress. However, as some large-scale big-tech companies grew into super-platforms, they formed a structure that dominated the market and their behaviors of “choose between two” became widespread. On February 7, 2021, the competition authorities promulgated the <Anti-Monopoly Guidelines on the Platform Economy of the Anti-Monopoly Committee>, which ended the era of unlimited policy support for Chinese platform companies and entered an era of strong management supervision. The platform’s forced act of “choosing between two” is currently receiving the most attention among the platform's anti-competitive acts, and three routines are currently being used simultaneously in China to regulate this. The first is legislation, and the second routine is the strong administrative punishment of competition authorities. In addition, China is actively applying the means of corporate interviews to suit the characteristics of its social system. These measures have sufficiently shown the attitude of competition authorities and serve as a preventive and warning to other platform companies. There are still problems to be solved, for example, whether to view each side as a separate market or a unified market in defining related markets in a two-sided market (multi-market) formed by platform is the first problem. In addition, legislation is inconsistent in the analysis method, creating confusion in the enforcement law in practice. Then, there are still many difficulties in determining the platform’s dominant market position, and due to the confidentiality and technology of some “Choose between two” actions adopted by the platform, there will be many difficulties in proving them and obtaining damages.

요약
I. 들어가며
II. 중국 슈퍼 플랫폼의 “양자택일” 행위
    1. 개념
    2. 현황
III. 규제 현황
    1. <독점법> 및 관련 규정
    2. 행정처벌 및 민⋅형사적 책임
    3. 기업 면담
IV. 문제점 및 해결방안
    1. 관련시장 획정 문제
    2. 시장지배적 지위의 판단
    3. 남용행위의 은밀성과 기술성
V. 결론
ABSTRACT

• 이윤미(서울대학교 법과대학, 학생, 석사과정) | Li Runmei