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All Journal Jurnal Cita Hukum
Zhou, Xinqian
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Research on Potential Competitive Legal Regulation in the Digital Economy Theoretical Evolution and Applicable Boundaries Zhou, Xinqian
Jurnal Cita Hukum Vol. 14 No. 1 (2026): Spring Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v14i1.50954

Abstract

With the deepening development of the global digital economy, the business operation models of enterprises have undergone fundamental changes. The core dimensions of market competition have shifted from traditional categories such as price regulation and scale expansion to technological innovation and market promotion capabilities. Against this backdrop, potential competition analysis, as a forward-looking anti-monopoly analysis tool, is increasingly highlighting its value. This article systematically reviews the origin and evolution of the theory of potential competition analysis, deeply explores the legal application disputes between "perceived potential competition" and "actual potential competition" in the judicial practice of the United States, and dissects the effect changes of this theory from price constraints to innovation suppression. Research findings show that the digital economy era offers new development opportunities for potential competition analysis, but there are still many challenges in terms of defining applicable standards and adapting to local conditions. Based on the structural characteristics of the Chinese market and the practical demands of anti-monopoly, this article proposes a Chinese solution of restricting the scope and prudent application, providing a theoretical reference for improving the review system of business concentration in our country
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