Antitrust Regulation Of Abusing Market Dominance In The Field Of Big Data

At present,the world is undergoing the most rapid,extensive and profound changes in human history.High and new technologies represented by information technology are advancing rapidly,the comprehensive national power,which is characterized by information technology and the level of development of the information industry,is becoming increasingly competitive and the digital economy is rising.Under the background of digital economy,data is an important factor of production,and big data,as a collection of data with large quantity,many types,high processing speed and high use value,has promoted the innovation and transformation of contemporary business model.But the rapid development of big data has brought not only rapid economic growth,but also the emergence of monopolistic behavior.The monopolistic behavior in big data includes digital cartel,concentration of operators and abuse of dominant market position.This paper focuses on the specific monopolistic behavior of abusing dominant market position.In order to give full play to the competitive value of big data,and at the same time to prevent enterprises in the field of big data from abusing their dominant market position,to disrupt the fair competition order of the market,infringe upon the legitimate rights and interests of consumers and even affect the healthy development of the market economy system,it is necessary to combine the impact of big data on market dominance,to explore the way of anti-monopoly regulation on abusing market dominant position in big data field.This article focuses on the adjustment of big data to the determination standard of market dominant position of enterprises,data exclusiveness,quality and value difference,high cost of collection,user lock-in and network effect can strengthen the market power of enterprises and promote the formation of market dominance of enterprises.Then on this basis,it analyzes the limitations of the analysis framework of the current anti-monopoly law and the relevant judgment standards in defining the relevant market and determining the dominant position of the market in the field of big data,the complexity of accurately identifying the abuse and the challenges faced by the anti-monopoly law enforcement.In view of these problems,under the premise of moderate intervention principle,modest restraint concept and cooperative supervision,we can consider the possibility of blurring the relevant market and improve the traditional price-based method by analysing the effect of changes in quality on consumer demand;the new competitive index such as market entry barrier,data scarcity and data collection scale and scope should be taken into account in determining the dominant position of the market;we should attach importance to the behavior influence and the effect evaluation,and adopt the "reasonable principle" in judging the abuse;at the same time,we should establish and perfect a unified,authoritative and efficient anti-monopoly law enforcement system by setting the boundary of competition behavior,strengthening the coordination between anti-monopoly law and other laws,optimizing the self-discipline management of industry,strengthening the construction of talent team and strengthening international cooperation.Through the above points to make up for China's anti-monopoly law in regulating the abuse of market dominance in the field of big data,to promote and regulate the orderly competition in the field of big data,and promote the sustainable development of big data industry,promoting the overall welfare of society and the healthy development of economy.