Research On Competition Law System Of Internet Enterprises' Large Data Improper Use Behavior

With the development and progress of China's Internet economy,China has become a major Internet country.In this environment,more and more operators have joined the Internet market.These Internet companies have improved the quality of people's lives and accelerated the development of Internet technology.As an emerging industry,more and more Internet companies have started to develop into different fields from the original single business model.The most important thing in this stage is the large data field.Large data was initially only an algorithm technology to improve the speed and level of information retrieval,but with the continuous development of the value of large data,data has gradually become an important means to snatch competitors' core resources and user trafic.This has made large data an important tool for competition among Internet companies.The competition for large data among Internet companies has become increasingly fierce,and the number of large data competition disputes has gradually increased.Such as the public comment v.Baidu case,Sina v.Maimai case,"3Q war" and so on.These cases are clearly different from traditional unfair competition and monopoly cases.One of the disputes in these cases is the use of large data by Internet companies.Proper use of large data can not only promote the development of Internet companies,but also promote the development of the large data industry.But the improper use of large data will destroy the normal competition among Internet companies.The improper use of large data violates the business ethics of the Internet industry fundamentally,undermines the fair and just competition order among Internet companies,and should be regulated by law.Although the current anti-unfair competition law in our country regulates unfair competition on the Internet,the law lacks specific provisions on the unfair use of competitive markets by large data.In the revised opinion draft of the new antitrust law in 2020,only the factors that Internet operators need to consider are included in the determination of the dominance of large data,and there is no concern about the regulation of monopolistic behavior in the improper use of large data.Therefore,in view of the inadequacies in the regulation of Internet large data improper behavior at this stage,this article starts with explaining the unfairness of the subject,object and behavior of large data improper use behavior,and analyzes the use of large data algorithms to monopolize and abuse large data control Status and other improper use of large data,analyze the dilemma of the regulation of large data improper behavior by other laws and the necessity of competition regulations.Combining with the current competition law provisions,the analysis of the occurrence of anti-unfair competition law and anti-monopoly law opinion drafts on the insufficient use of Internet companies' large data is not regulated.Combining the characteristics of the Internet industry and the era of the data economy,and the characteristics of domestic laws,suggestions are made to improve the substantive and procedural laws of China's competition law.Improving the competition laws and regulations on the improper use of large data by Internet companies is a legal weapon to protect the legitimate rights and interests of China 's Internet companies and to maintain a fair and just competitive environment.Consolidating the achievements and innovation profits of Internet companies in the field of large data is of great significance to promoting China's Internet large data market.