Antitrust Regulation Research Of Big Data "Affinity"

With the continuous development of the Internet,big data technology arises at the right moment and is widely used in all aspects of production and life.Whether the use of big data for the choice of marketing strategy,or the use of big data for the improvement of social comprehensive management,the extensive sharing and deep use of big data has become overwhelming.However,big data technology not only brings people a lot of convenience,but also causes a series of unreasonable phenomena,and big data "affinity" is one of them.Although big data "affinity" can bring consumers more personalized goods and services,greatly saving consumers' search costs,the damage brought by big data "affinity" can not be ignored.Therefore,whether and how to regulate big data "affinity" are questions that we need to think carefully.For big data "affinity",there may be many laws involved,but this paper only from the perspective of the anti-monopoly law,trying to answer the question of whether the antimonopoly law should regulate big data "affinity" and how to regulate it.This paper holds that big data "affinity" may constitute price discrimination in antimonopoly law and cause serious damage to other operators in the market,even the whole market competition.Therefore,it is necessary for anti-monopoly law to regulate some big data "affinity",which is not only to protect the actual demand of market competition,but also to meet the value goal of anti-monopoly law.However,as the product of the combination of Internet and big data,big data "affinity" has new technical characteristics and business model,which makes the regulation process of anti-monopoly law difficult.This is mainly reflected in three aspects: the determination of the dominant position of big data platform market,the antimonopoly law enforcement of big data "affinity" and the private litigation of anti-monopoly.At the same time,these problems are not only the unique dilemma of anti-monopoly law regulating big data "affinity",but also the inevitable problem of anti-monopoly law regulating the Internet and big data platform in the future.Therefore,this paper first puts forward the regulatory concept of modesty,on the basis of the principle of prudent regulation and reasonable principle,further puts forward three suggestions: determination of dominant position,anti-monopoly law enforcement and anti-monopoly private litigation.Specifically speaking,the improvement of the determination of market dominance of big data platform needs to innovate the definition methods of relevant markets and the determination standards of comprehensive market dominance;the improvement of the level of anti-monopoly law enforcement of big data "affinity" needs to strengthen the construction of law enforcement team and personnel training,and pay attention to the coordination with industry supervision;and the improvement of the price discrimination anti-monopoly private litigation system It can be realized by improving the burden of proof system and expanding the scope of the plaintiff in private antitrust litigation.