Study On The Anti-monopoly Regulation System Of Date Monopoly In The Background Of Big Date

As a new industrial model and development mode,the big data industry has had a profound impact on people's production and life.Today,with the booming of big data technology and related industries in China,data monopoly has long been fading.In the theory and legislation of anti-monopoly law,the relevant theoretical categories of traditional monopolistic behavior,such as "monopoly","related market","market dominance",etc.,have relatively mature and consistent theoretical views and even clear legislative provisions.However,based on the big market for the big data industry,the “free” model,network external and user lock-in effects.When the above-mentioned theoretical and legislative provisions apply to the regulation of data monopoly,they are often stretched and unable to do so.Therefore,how to study and reconstruct the basic theoretical categories of data monopoly based on the traditional anti-monopoly theory and combine the characteristics of big data is the key to this paper.Based on the theory of anti-monopoly law,this paper studies the anti-monopoly and regulation system of data monopoly in the context of big data with the help of other legal disciplines such as law theory,economics and statistics.The main body of the full text has five parts,which are summarized as follows:First,an overview of big data and data monopolies.This section introduces the basic theories of big data and data monopoly: the concept and characteristics of big data;the commercial use and development prospect current situation of big data;the legal nature of big data;the basic theoretical category of "data monopoly" in the context of big data.Second,China's big data control situation and the basic form and development trend of data monopoly.This part is divided into three parts: discussing the basic situation of China's big data control and trading obstacles;focusing on the basic form and development trend of data monopoly in the context of big data;the objective demand of data monopoly anti-monopoly and regulation system.Third,the status implementation dilemma of data monopoly anti-monopoly and regulation in the context of big data.This part is based on the status of the anti-monopoly law of data monopoly in the context of big data.It is believed that the big data industry has the characteristics of bilateral market,“free” mode,network external and user locking effect,product compatibility and standardization,which leads to the existing The competition law has difficulty in defining the market related to the big data industry,the identification of market dominance,the prior review of business mergers,and the determination of price monopoly behavior.China's "Anti-Monopoly Law",and other relevant laws and regulations provide relevant legal norms for the monopolistic behavior of big data,but China's relevantregulation and legislation to adjust the issue are still missing.Fourth,a comparative study of the anti-monopoly laws and regulations of data monopoly in major developed countries.This section mainly lists several representative developed countries such as the America,Germany,and Japan.By examining their basic practices of anti-monopoly and regulation of data monopoly,it provides experience for improving the anti-monopoly and regulation of data monopoly in the context of big data in China.Fifth,This part is aimed at the problems of anti-monopoly regulation of data monopoly in China,and combined with the basic legislative experience of developed countries,suggestions for improvement: First,we should improve the anti-monopoly laws and regulations of big data in China by establishing special legal norms and unified legislative content.Secondly,the traditional SSNIP analysis should be improved,and the SSNIC analysis method,profit model test method,product performance test method,etc.should be used to make an accurate,scientific and reasonable definition of the market of big data industry;again,the market should be expanded.The identification criteria of barriers,the presumption of market share,and the investigation of the relative dependence of transactions are established to re-establish the rules for determining the dominance of the big data industry.In addition,through the combination of quantitative analysis and non-quantitative factor analysis of sales,the “covering” standard should be introduced on the basis of distinguishing factors of different industrial factors,and the evaluation results of third-party evaluation agencies should be appropriately used to strengthen.Finally,we should deal with the behavior of agreement monopoly under algorithm technology by reducing the judgment standard of “constipation”of agreement monopoly behavior,enhance the basic purpose of information exchange,and adopting a combination of prior report and post-intervention.In the background of big data,as the data information of the modern economy “new oil”,it is reasonable to conduct free and fair transactions in the market,in order to promote the healthy development of the big data industry.Correspondingly,the current anti-monopoly law must be properly improved.To make up for the current lack of regulation on the issue of data monopoly,the author hopes that through the study of the anti-monopoly law and regulation of data monopoly in the context of big data,this paper provides a certain reference for the follow-up theory and practice of the anti-monopoly law system for data monopoly in China.