The Regulation Of Competition Law On Data Monopoly

As the Internet technology becoming advanced,the data itself has been given a new definition and connotation.The concept of Big Data and the continuous development of the data industry have made the value of data gradually prominent.The collection,development and application of data gradually has developed as part of the core competitiveness of Internet enterprises.Data monopoly refers to the behavior of operators using their own mastery of data resources to eliminate and restrict competition.Whether the data constitutes a monopoly has only been discussed as a topic for the past two years,and whether data can be monopolized remains controversial.Nevertheless,an analysis of the current situation of Internet enterprises and data-related market competition shows that data monopoly is objective.It is of great practical significance to conduct research on data monopoly and establish a regulatory system for data monopoly.Data monopoly is different from traditional monopoly and has new features including concealment,compulsory and susceptibility.The diversity and new characteristics of data monopoly form determine that the existing legislation has many problems in regulating data monopoly.To construct a data monopoly legal regulation system,we should establish the legal regulation principle of data monopoly,then set the specific regulations based on the current regulations.The construction of the specific regulatory system is divided into the following four aspects:First,a scientific and reliable data value assessment mechanism should be established;secondly,the comprehensive standard should be applied to judge the market position of entities;the most important aspect among is that legal provisions shall be improved to face the data issue;finally,a crucial step in the anti-monopoly law enforcement and judicial process is the identification of relevant markets.In response to data issue,the traditional relevant market identification standards are unable to adapt to the new characteristics of Internet enterprises and new problems in the field of data monopoly supervision.An independent data market should be established for the new form of data monopoly.The influence of adjacent markets should be taken into account.The specific entities should be identified by the bilateral market.The remedy of data monopoly should still be based on administrative supervision and civil liability,and should be punished by penal code if necessary.