International Antitrust Review Of Big Data Business Mergers

The world today is a world of rapid development of the Internet digital economy.Big data and information have become an important factor of production and the core competitiveness of big data-driven enterprises.Due to the user lock-in effect of the Internet,operators who first entered the market can easily form a big data monopoly phenomenon and become a data oligarch.At present,the phenomenon of big data monopoly has become a new topic for antitrust enforcement agencies in various countries around the world.During the development of the monopoly enterprises in the Internet industry,the competition of products and services was extended to different fields through the characteristics of the network platform,and the competition showed a trend of intensification and complexity.The monopoly behavior of big data monopolies mainly includes abuse of market dominance and concentration of operators.Among them,the merger of big data companies involves conflicts of jurisdiction,the definition of related markets,whether it will cause data blockade,and the approval system.Issues of intrinsic relevance.For the Internet industry,which involves data as a factor of production,the review standards in the traditional antitrust law are not very appropriate.The characteristics of the Internet itself and the development of Internet companies determine the different considerations in antitrustenforcement.This article consists of four parts:The first part summarizes the big data monopoly phenomenon and related legal issues.In this section,first explain the related concepts of data and big data,and point out that big data can be a monopoly resource because it has the function of predicting the market and has the dual attributes of technology and resources.Second,it proposes to include big data monopoly behavior The need for antitrust regulations.Finally,it summarizes the current challenges facing the antitrust review of mergers of big data companies,which mainly include the extraterritorial application of antitrust laws,the definition of relevant markets,user privacy,and reporting standards.The second part takes the EU members' double-click on Google and Microsoft's Linked In merger review as an example to analyze the relevant perspectives and procedures of the EU in conducting an antitrust review of big data business mergers.The first section is the merger review based on the extraterritorial application of the antitrust law.The second section is the perspective adopted by the EU in the Google double-click competition assessment.The third section is the interpretation of the procedures in the Microsoft Linked In case,including the first Define the relevant market,and then evaluate the motivation and ability of the data blockade;Section IV is the evaluation and reference of the European Commission's approach in this case.The third part is the suggestions and countermeasures on the legal issues in the international antitrust review of the merger of big data companies mentioned above.The first section is to strengthen the current extraterritorial application and cooperation mechanism of antitrust law;the second section is to propose suggestions for improving the definition method of the relevant market,including the idea of??further refinement and desalination of the relevant market concept if necessary;and the third section It is a suggestion to improve the merger declaration and relief of big data enterprises,mainly including the adjustment of the reporting standards.Relief is a measure that combines the behavioral measures in the antitrust law with the core facilities theory to lift the data blockade.The fourth part is the conclusion,which summarizes the problems mentionedabove and the experience of advanced countries in China,and determines the anti-monopoly review standards for the merger of big data companies in China as soon as possible.