Typological Study Of Abuse Of Dominant Market Position By Enterprises In Data Economy

With the continuous development of information technology and business application,data plays an increasingly important role in economic development,and the "digital economy" is also changing to "data economy".Under the fierce competition among enterprises,a group of leading enterprises with dominant market position has been born.In the field of data economy,there are many kinds of abuse of dominant market position,and some of them even go beyond the types listed in the current anti-monopoly law of China,which makes it difficult for law enforcement departments to define these abuses.In this context,although there are a lot of worrying abuses in reality,few cases are regulated by the anti-monopoly law due to the defects in the application of the provisions.Moreover,the research on the monopoly of data economy in the legal field is still insufficient,and it is difficult to clarify and solve the problem.Therefore,the typecasting of abuse of dominant market position by enterprises in the data economy is studied to determine the problem of regulating abuse in the field of data economy,and further solve the problem on this basis,including summarizing new types of abuse and new ideas of law application.In this way,the problem of insufficient regulation of the anti-monopoly law can be overcome to a large extent,and the abuse of dominant position in the field of data economy can be defined and regulated accurately.This paper is divided into four parts except the introduction and conclusionThe first part first points out the necessity of the research on the categorization of the behavior of the abuse of dominant market position by enterprises in the data economy.Firstly,the paper analyzes the monopolistic trend of data economy as a new economic form,the phenomenon that the enterprises abuse the dominant market position frequently and the harmfulness of their behaviors,so as to serve as the factual basis for the regulation of anti-monopoly law.Secondly,this paper analyzes the deficiencies of the current anti-monopoly law in China on the abuse of data economy,as well as the shortage of theoretical supply in the academic,and summarizes the key problems to be solved.Thirdly,categorization research can help to solve the above problems and is consistent with the categorization provisions of the anti-monopoly law,that is,to clarify what belongs to abuse in the field of data economy,which should be classified into new types and how to apply the law to regulate abuse accordinglyThe second part is the case study of the abuse of dominant market position by enterprises in the operation of data economy.According to the three stages of the data value chain in the data economy,namely the stage of data collection,the stage of data storage and cloud computing,the stage of data analysis and the stage of data application,the typical cases and common monopolistic behaviors in each stage are sorted out according to the analytical framework of China's anti-monopoly law and the current norms on abuse.It also concludes that the analytical framework and behavior classification of anti-monopoly law can still regulate most abusive behaviors.Secondly,the data collection and the conduct of the prevailing dominant market position in the case of zero price are difficult to be regulated by the current anti-monopoly law,and the judgment of abuse behavior in the data economy has its special features,which requires further research on the law application of data abuse behaviorThe third part is based on the previous part of the typical behavior types in the data economy,the study and discrimination of four new types of abuse respectively,through the analysis of the abuse of the competition damage to determine whether the anti-monopoly law is necessary to regulate.Furthermore,this paper analyzes the theoretical essence of all kinds of behaviors and compares them with the classification of the types of abuse behaviors in China's anti-monopoly law,so as to judge whether it is necessary to abuse the dominant market position in the legislative level.After that,through the study of the behavior composition of these abusive behaviors,we can further accurately grasp the identification and regulation of behaviorsIn the fourth part,according to the results of the research on the categorization of the behavior of enterprises abusing the dominant market position in the data economy above,the corresponding Suggestions for improving the regulation of anti-monopoly law in China are proposed.Firstly,at the legislative level,China should make more reasonable modifications and improvements to the legal provisions on the determination of market dominance,and readjust and improve the classification of abuse in the anti-monopoly law.Secondly,in the aspect of law enforcement,China should issue anti-monopoly guidelines on the abuse of dominant market position by enterprises in the field of data economy,and specifically design a competition effect evaluation system for data and data behavior,as well as formulate detailed rules for the regulation of four types of typical data abuse behaviors.