Research On The Legislative Issue Of "relevant Market Definition" From The Perspective Of Big Data

The Internet era is being upgraded to the era of big data.The use of the big data has accelerated the development of the digital economy.It is foreseeable that big data technologies and resources will be generally accepted and widely applied.The anti-monopoly problem of big data is also highly concerned by scholars.Big data has a competitive attribute.Compared with the traditional market,the market from the perspective of big data has completely different attribute characteristics,which has launched an impact on the traditional theoretical system defined by the relevant market.Germany and other relevant antitrust jurisdictions have begun to face the challenges posed by the big data,conducted relevant legal investigations and legislative amendments,and proposed solutions to relevant market definition issues in the market from the perspective of big data.This is a necessary measure to promote the healthy development of the digital economy and the big data industry.This is a common challenge that all antitrust jurisdictions in the world will face.China started late in anti-monopoly legislation,and the relevant laws and regulations are still incomplete.Although China attaches great importance to the development of the digital economy and the big data industry,it also puts forward some countermeasures in defining the relevant markets in legal practice in light of the characteristics of big data.However,the competitive challenges initiated by big data have not been solved,and practical problems have not been effectively solved.Defining relevant markets as the starting point for antitrust analysis.Traditional methods and ideas can no longer be applied to relevant markets under big data,which will directly affect the evaluation results of monopolistic behaviors.Therefore,relevant markets need to be defined from the perspective of big data To study the legislative issues.It is gratifying that the"Anti-Monopoly Law" is about to usher in its first major overhaul,and the State Council issued an announcement for public comment on the "Anti-Monopoly Law" Draft Revision(Public Exposure Draft)in early 2020.Therefore,this article will combine the latest legislative frontiers and legal developments at home and abroad to analyze the problems in defining relevant markets from the perspective of big data.It is of great significance to put forward suggestions and measures to improve the definition of relevant markets from the perspective of legislation.This article is divided into four parts:The first part discusses the problems of the definition related market from the perspective of big data,and the necessity of perfecting legislation.Based on the inherent attributes of big data and the characteristics of the market,this article reviews the issues related to market definition in China's antitrust practice.By analyzing the existing problems in the definition relevant markets in current practice,including the definition of concepts,steps and methods,the need and necessity of perfecting relevant legislation are pointed out.The second part discusses the status quo and problems of the legislation defining the relevant market.By sorting out the current laws and regulations on the definition of relevant markets in China,we analyze the deficiencies in the current legislation.By sorting out China's current laws and regulations related to the definition of relevant markets,the shortcomings in the current legislation are analyzed:First,the regulatory concept of the antitrust law needs to be changed urgently.The second is that the centralized review of operators cannot respond to the challenges brought by big data.The third is that the "Guidelines on the Definition of Related Markets"cannot be applied to the market from the perspective of big data.The fourth is the development of big data.Higher requirements are placed on the burden of proof and the standard of evidence in the relevant market definition.With the above problems,in the third part,the author explores the legal dynamics and classic cases of the definition of relevant markets related to big data in extraterritorial antitrust jurisdictions,and summarizes useful theories and experiences that can be used for reference in China.The fourth part is to address the deficiencies in China's current relevant market definition legislation,combining the latest domestic and foreign legal trends and theoretical research from the perspective of big data,and propose solutions from the following four aspects.The first is to change the concept of antitrust regulations,the second is to change the method and scope of centralized review by operators,the third is to define the status,steps and methods of the relevant market definition,and the fourth is to determine the burden of proof and the standard of evidence.