Research On Data Monopoly By The Abuse Of Dominance

With the rapid development of data economy,big data is challenging the existing competition policies,data monopoly needs the regulation of antitrust law.Data monopoly includes digital cartel,data-driven acquisition and data abuse.This paper focused on the last kind of behavior which excluded or limited competition.At first,article analyzed the causes of data abuse,as data is a key input to business operation.Then,article combined with specific cases to analyze the types of data abuse,such as transaction rejection,price discrimination and data market power transmission.Afterward,article discussed the way to identify the abuse of market dominance,such as relevant market definition,market power evaluation,justifiable reasons,anti-competition effects,and the identification involves some difficulties,such as the analysis of demand and supply substitution,market entry barriers and enterprise innovation.Finally,article put forward some measures to deal with the data abuse,respecting existing antitrust analysis framework and then seeking optimization and breakthrough,such as changing the relevant market definition tools,changing the analysis factor of anti-competition effects,and over through the relevant market definition when necessary;Clear data right and date rules to promote orderly competition in data economy;Reasonably use of necessary facilities doctrine to deal with data refusal;Transparent price making for personalized price discrimination.