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Anti-monopoly Legal Regulations On Abuse Of Dominance By Data-driven Companies

Posted on:2020-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q JinFull Text:PDF
GTID:2416330572468951Subject:Marxist Jurisprudence
Abstract/Summary:PDF Full Text Request
With the rapid development of the Internet industry and the arrival of the digital economy,information and data are going to be the theme of world economic development.Big data has become increasingly prominent in the competition of data-driven companies which is an important strategic resource.The new economic situation is the new topic for anti-monopoly law.We should recognize that the highly competitive data-war requires China's anti-monopoly law to provide a fine legal guarantee,in order to let the data industry grow and innovate,build a fair and free market competition environment,and maintain consumer interests and social public interests.Big data is characterized by Volume,Velocity,Variety and Value.Data-driven companies are the product of the big data era,featuring two-sided markets and network effects.The big data for data-driven companies competition means the improvements to products or services,the exploitation of new business opportunities,and the customized products or services.At the same time,the data-driven companies abusing the big data advantage to carry out the big data monopoly behaviors will damage the first-line competition with their competitors,and ultimately harm the consumer interest,that is,second-line competition.In order to give full play to the value of big Data in data-driven companies' competition while preventing data-driven companies from abusing of dominance which is brought by big data to damage the competition and even the interest of customers,we should be guided by Xi Jinping's Chinese characteristic socialism in new era,with Marxist theory of competition and its Chinese achievements which means Chinese characteristic socialism competition theory,and Xi Jinping's strategic view on national big data in the new era as the theoretical guideline of anti-monopoly regulations.We should absorb advanced theoretical perspectives and practices of foreign scholars and competition institutions and focus on the legal relationship between big data as the core asset of data-driven companies and the competitiveness of such companies and face with the predicaments of data-driven companies abusingof dominance and propose feasible solutions.When defining data-driven companies relevant markets,we should consider improving SSNIP test.When identifying the market dominance,we should focus on the new competitiveness-related indicators,which means to consider the scarcity of data and the scale and scope of data collection.When determining whether the behavior of data-driven companies constitutes abuse of dominance or not,we should discuss the possible abuse behaviors the data-driven companies may do,such as refusal to access,discriminatory access to data,exclusive contracts and data as a vehicle for price discrimination,etc.At the mean time,we should base on the advanced experience from the other countries and take China's national conditions in account,in order to put forward the advises in implementation of anti-monopoly law for Chinese data-driven companies abusing of dominance.We should adopt the cautious principle as the regulatory principle of data-driven companies abusing of dominance to prevent“pan-interventionism” and avoid excessive intervention in the market economy.We should set the hard boundary of anti-monopoly law for data-driven companies competition,pay close attention to the competition between data-driven companies and their competitive behaviors.By the unified anti-monopoly law enforcement agencies,We should establish and improve Chinese unified authority and efficient anti-monopoly law enforcement system to realize the legislative purpose of anti-monopoly law.We should pay attention to the commitment system in the enforcement of antitrust law by means of "moderate law enforcement".We should develop Chinese characteristic socialism competition theory with fully exerting the fair competition review system and exerts the fundamental role of competition policy and realize the target of anti-monopoly strategy.
Keywords/Search Tags:data-driven companies, big data, Chinese characteristic socialism competition theory, national big data strategy, abuse of dominance, anti-monopoly legal regulations
PDF Full Text Request
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