Research On Antitrust Regulation Of Data Market Rejection

The digital economy has developed into a data economy with data production,collection,analysis and utilization as its core.The open data movement has further promoted the circulation of data products,but only the full use of government data and enterprise data can promote the sustainable development of the data economy.The non-exclusive,non-competitive,and multi-attribute attributes of data are not enough to deny the economic value of big data in the data market.The natural monopoly of the Internet is that big data oligarchs use their "critical data" to control and restrict competition Opponents,strengthened monopoly position,provided more convenient conditions.At present,big data companies are based on digital multilateral platforms,and attract more users through "free" marketing strategies,and thus form a data utilization cycle,coupled with the new requirements for personal privacy protection on data utilization,traditional antitrust law enforcement Tools are no longer sufficient to meet these challenges.In the face of emerging data monopoly issues,antitrust law enforcement agencies should maintain a prudent attitude and take the overall social welfare as the standard,and analyze the multiple factors such as product price,quality,and social innovation to assess the effects of competition damage caused by data monopoly.Incorporate personal privacy protection into the antitrust analysis framework.Specifically,it is necessary to reduce the importance of the relevant market definition in data monopoly cases,and to define the user market when necessary.By analyzing the profit model and profit source of data companies,the relevant market scope is determined,and the expansion of the geographical market scope is opposed to the expansion of machinery.To the global market,highlight the role of timeliness in defining the relevant market.At the same time,the principle of "necessary facilities" needs to be cited in the data market,data should be clarified as the key data standard,and antitrust laws should be provided for the further opening of the data.