Study On The Legal Regulation Of Big Data Monopoly

With the development of technology and the progress of the times,more and more high-tech emerged.Algorithms,big data,and artificial intelligence can be called the three new trends in technology and market development.As a new thing,big data has made great progress in promoting economic development and providing people's convenience.However,at the same time of rapid development,the characteristics of legal lag have led to the blank of legal regulation in the development of big data,especially when big data enters the monopoly stage.After that,how to effectively regulate monopolistic behavior and maintain the competition order in the big data market has become an urgent issue to be studied.This paper starts from the essence of big data,through the analysis of the characteristics of large data volume,speed,diversity and low density value,while monopolizing the market because of the existence of free market(or lower than cost price)and paid market.The special circumstances of the bilateral market have led to loopholes in current legal regulations.Summarizing the reasons why big data can't be regulated under the current "Anti-monopoly Law".The current law of China's current law on big data monopoly is mainly based on the 'Anti-monopoly Law" and "Anti-Unfair Competition Law" and other laws with universal regulatory significance.There is no specific regulation for the characteristics of big data.In September 2019,in the anti-monopoly field,the Interim Provisions on the Prohibition of Monopoly Agreements and the Interim Provisions on the Prohibition of Abuse of Market Dominance have made concise provisions for the core issues involved in the field of big data.The only rule of monopoly in the big data field.Under the premise of no clear legal regulation,because of its fast speed and diversity,big data monopoly has the monopolistic drawbacks of big data traits such as disrupting the normal market order and infringing the legitimate rights and interests of consumers.At present,the theoretical research on big data monopoly has begun to be valued by scholars,but the research is still relatively few.The foreign research on big data monopoly is rich and worth learning.This paper uses literature research,comparative research and interdisciplinary research to start with the relevant laws and regulations on big data monopoly in the United States,Germany,and Japan,through the Google mergers and acquisitions case,the Facebook case,and the Japanese data and competition policy research report.The analysis of foreign law enforcement agencies in dealing with big data related issues,professionalism,user personal information protection,consumer protection of rights and interests while innovating big data monopoly behavior review standards,summarizing China's current legal regulation of big data monopoly Questions and put forward corresponding legislative recommendations.China's current big data monopoly legal regulation has many weaknesses.First,big data companies abuse market dominance.Under the current law,the dominant position of big data monopoly enterprises cannot be determined.This has led big data companies to take advantage of the advantages of small and medium-sized enterprises.Data companies have barriers to entering the big data market,thus maintaining a monopoly position.At the same time,when judging the monopoly of big data,the relevant market must be clearly defined.The most widely used market definition is the assumption of monopolist testing,but in the special case of big data and bilateral markets,the boundaries of related products are not Clear and the emergence of bilateral markets have led to the unclear definition of the relevant market for the hypothetical monopolist test.Secondly,the big data monopoly agreement is difficult to find hidden.This kind of concealment is mainly manifested in the implied monopoly agreement that is difficult to find.At the same time,after determining that the behavior of big data companies constitutes a monopoly agreement,it is difficult to determine the evidence and hold it accountable.Thirdly,in the review of the concentration of big data business operators,the current "Anti-Monopoly Law" on the review criteria of the concentration of operators is difficult for big data companies to effectively control,resulting in the lack of substantive review standards.Finally,once big data has a monopoly position,it is easy to infringe on the rights and interests of consumers,including the lack of consumer choice and unfair treatment.In view of the above problems,this paper puts forward suggestions for perfecting the law:First,strengthen the supervision of monopoly big data enterprises,which requires China's "Anti-monopoly Law" to conduct a diversified review of the definition of relevant markets,adopting transfer cost considerations,and profit model.Testing and other definitions.Secondly,improve the identification of implied collusion,and at the same time strengthen the identification of monopoly agreement responsibility through the norms of evidence acquisition and the innovation of imputation principle.Thirdly,for the concentration of operators between big data companies,the operators are concentrated on the current "AML Law" on the reporting standards for turnover,while increasing the "capital" market share,transaction volume and other considerations.Finally,through the establishment of a unified standard of data storage or operating standards and other means to strengthen the protection of consumer choice,through the establishment of strict price control mechanism provisions,as well as the protection of privacy to ensure consumers' fair trading rights.