Research On Legal Regulation Of Abusing Market Domination Of Big Data Platform

Nowadays,large data becomes very important,which has become an important strategic resource of the digital economy.Many enterprises analyse large data,grasp the market information and consumer related information,take targeted sales for their own enterprises to seek benefits.After being merged with Uber,DiDi uses its own consumer information to price the same user differently.CNIK uses its own market dominance and practices monopoly behaviors such as higher pricing and differential treatment than normal prices.In the economic era where data is the core of competition,there are many data-related monopolies.In large data platforms,abuses of market dominance not only disturb the market order,but also damage the interests of consumers,the innovation is more harmful and no benefit.Large data is relatively new field,anti-monopoly Law application has certain limitations,such as the definition of the relevant market,the traditional unilateral market and today's bilateral market is applicable to a certain degree of difference,the traditional definition of the relevant market is SSNIP.The application of SSNIP in a large data platform to define the relevant market can lead to deviations or even errors.Again,such as the determination of market dominance,the key to determine market dominance should be seen in two aspects,one is market share,the other is the market entry barriers.For market entry barriers,we can focus on the following factors: bilateral market,network effect,scale economy,scope economy,etc.This is different from the traditional dominant position of the market,and the traditional dominant position of the market considers the degree of market share or the difficulty of other enterprises entering the relevant market.Considering the abuse of dominant position behavior of large data platform,including large data acquisition cost,large data exclusivity and scale economy,the use of rationality principle is used to determine the abuse behavior of large data platform.The cognizance of abusing the dominant position of the market has already had a relatively mature pattern in our country,but the stipulation is not perfect for the new big Data platform.Therefore,for the relevant market definition of large data platform,the determination of the dominant position of the market and the determination of abusing the dominant position of the market must have new ideas.The relevant market definition may adopt the substitution analysis method,the improvement SSNIP test,the Profit model test method,the critical loss method and so on.The determination of market dominance should consider more factors such as user stickiness,data acquisition cost,etc.At the same time,anti-monopoly legislation should strengthen the system of responsibility investigation in large data platform,which is beneficial to the healthy development and innovation development of large data platform,and is beneficial to the new field of large data platform,which is beneficial to China and consumers all over the world.