Research On Legal Regulation Of Data Monopoly

Data,an important force in the digital economy era,is playing an increasingly role for the enterprises to compete in the market as the Internet is experiencing rapid development.As sensors are becoming less expensive and being widely covered,it has been extremely convenient for enterprises to gather data to strengthen their competitive advantage.Under this circumstance,a new form of monopoly--Data Monopoly--is emerging,which is not conducive for enterprises to compete fairly in the market.Hence,it is indispensible to study and investigate the data monopoly.In addition to the introduction and conclusion,this dissertation is divided into the following six parts.The first part is general understanding about data and data monopoly.The concept of big data and data monopoly is analyzed based on relevant theories.It is believed that the aggregation of big data,its value,the imbalance of the enterprise’s ability to obtain data contribute to data monopoly.The second part is manifestation of data monopoly.In the era of big data,the monopoly agreement,opertated by data and algorithms,is getting intelligent and secret.Also,owing to the data advantage,companies are abusing their dominant position in the market,restricting and rejecting their competitors’ access to data resources.What’s more,the phenomenon of discrimination is getting common and obvious because of the data portraits.At the same time,tying arrangements are made to expand the data market,which then contribute to the data oligarchy.The next part is the hazardousness of data monopoly.Data monopoly acts as a barrier to the free market competition.Not only does it restrict and exclude enterprise competition,but also hindering the improvement of innovative technologies in small and medium-sized enterprises.Big data are made use of to deceive those familiar consumers and violate their privacy,which greatly do damage to the interest of consumers.Followed by the third part is the problems and challenges faced by China’s data monopoly.It is the lack of data’s substantial "economic" transactions and the blurry of relevant market boundaries that made it difficult to determine the dominant position of the market.Moreover,the relevant law enforcements lack a legal system of data monopoly to rely on.It will become more difficult to certify the standard of data monopoly when viewing the income as the criteria.The fifth part is some experience and enlightenments of data monopoly laws or regulations learned from other typical countries like the European Union and Japan.This dissertation mainly studies their basic approaches to data monopoly regulations.It is found that consumers’ rights to know,correct,delete and their privacy right need further improving.Also,the data portability right is needed to enhance the data mobility.Meanwhile,the standards of forming a monopoly should be clarified.The critieria of merger and acquisition as well as the punishment measures should also be further improved.The sixth part focuses on the countermeasures to improve the legal system of data monopoly regulations in China.The top priority is to clarify the dominant position of the data market.Relevant market definitions should be clearly made and the SSNIP analysis method should be properly adjusted.Moreover,the services for consumers shall be brought into the scope of judical review.Then,the way to calculate the market share shall be improved.The number of those active consumers and the ability to collect data shall be taken into account.Also,it is suggested to fully consider the barriers to market access.Secondly,it is necessary to improve data anti-monopoly laws under the principle of modesty and prudence.Meanwhile,‘Anti-monoply Law’ should be accelerately revised so as to formulate special laws to regulate the presence of data monopoly.Thirdly,it is a priority to confirm and penalize those monopoly income.The threshold of the data monopoly should be adjusted and the sum of business transaction is supposed to be brought into the scope of judical review.