The Regulation Of Data Sharing On Antitrust Law

Data plays an increasingly important role as a resource,This paper bases on definite the value of data and the link between it and the market power of the company,and says:the data should be shared in the right order.The company cost so much man power,material resources and money to achieve the data,without order to share can't match the legal principle and market rule.Enterprises' mastery and analysis of data will also affect the distribution of competitive forces in relevant markets,which will affect the market competition order.Therefore,it is the inherent requirement of the anti-monopoly law to include data sharing in the adjustment scope of anti-monopoly law,and it is also the necessity of market competition.In this paper,the competition for the data of cainiao and shunfeng,which occurred on June 1,2017,is used to analyze the whole text.On the basis of anti-monopoly analysis,it is found that the non-alicoefficient is obviously restricted by the novice,but it does not violate the existing anti-monopoly law in China.In this paper,the the ory of comparative advantage abuse is introduced.According to this theory,the behavior of cainiao is an act of abusing its relative superiority in the transaction to destroy the competition.Rookie along abundant data for the corresponding law in determining the problem domain,this paper corresponds to found the causes of the three levels of data sharing adversity,and follow the three level indicate the path to solve the data share current predicament.This article in the first part presents the data and its practical value,and explains the connection between the data with the enterprise market forces,this paper introduc es the rookie competition between data and its motion for two parties,the influence of the future strength of final resting on the "monopoly" difficulties for data sharing.the second part in the analysis of the difficulties in data sharing one by one the mainstream view,on the basis of determining the rookie along abundant data for the problem domain in the anti-monopoly law system,think rookie compelled to hand over data motion behavior was significantly restrict competition behavior,However,according to our current anti-monopoly law,this behavior is not regulated by China's anti-monopoly law.However,this does not affect our perspective to the antitrust laws to discuss the future how to regulate this kind of problem,with this in mind,this part from the data sharing at the end of two sides of the industry policy and competition policy,the battle and the interests of the consumer consideration set out three aspects analyzes the data share the real reason for face difficulties.The third part corresponding to the second part of the reason of deconstruction,on the analysis of the development of our country existing law and the abuse of relative advantage position theory,on the basis of the regulation trend of share difficulties is proposed to solve the data share data into the scope of anti-monopoly law to adjust and establish fair competition policy priority,build data sharing rules and consumer welfare as antitrust regulation benchmarking three paths in the end.In constructing data equitable sharing rules,this paper found the anti-monopoly law in our country legal basis of regulating abuse of relative advantage position,considering the China's "antiunfair competition law" at the same time the final revision of the "draft" abuse of relative advantage position in the theory for no reason,proved from the reverse side to absorb the abuse of relative advantage position in the anti-monopoly law rationality an d inevitability in the theory of abuse of dominant market position,in order to optimize the antitrust laws to build data sharing rules.The fourth part of this paper starts from the foregoing,and puts forward three macro directions for the future development of China's anti-monopoly law from the perspective of data sharing.