In recent years,big data and artificial intelligence have jointly promoted the iterative upgrading of business competition model,and big data resources are also called as the "new oil" of future business society.However,when people enjoy the high efficiency and convenience brought by the commercial use of big data,they are also confronted with the problems of privacy leakage,data monopoly and so on.In this context,China,on the one hand,should promote "big data" as a national strategy to promote economic development;on the other hand,should also prevent the negative effects brought by big data enterprises’ monopoly on the market,such as eliminating market competition,impairment of consumer welfare hindering technological progress,etc.In judicial practice,judging the abuse behavior of market dominance by big data enterprises meets five dilemmas.First,the definition of big data and its related concept in the academic circle is vague,and the connotation and characteristics of big data and big data enterprises cannot be accurately grasped.Second,the abuse behavior of dominant market position by big data enterprises is quite different from that of traditional enterprises.Neither the theoretical circle nor the judicial practice has summarized and classified the abuse behavior of dominant market position by such enterprises.Third,relevant market definition is difficult.Under the influence of bilateral market and free model,the traditional test method cannot define the relevant market in the field of big data accurately.Fourth,it is difficult to identify market dominance.The value of big data decreases over time.Law enforcement agencies cannot infer the market position of enterprises only by their data possession.In addition,big data algorithm has gradually become an important factor to measure the market position of enterprises.Fifth,the abuse behavior of market dominance is difficult to determine.In practice,because the boundary of data collection is not clear,the behavior of big data enterprises to collect user information "cross the boundary" can hardly be regarded as the abuse behavior of market dominance.At the same time,big data is nonconfrontational.Theoretically,all enterprises can obtain such data.Therefore,it is also difficult to identify that some enterprises with higher market share abuse their market dominant position.This paper is divided into five parts: the characteristics of big data,types of abuse behavior of market dominance by big data enterprises,definition of the relevant market of big data enterprises,identification of the dominant market position of big data enterprises,and the judgment of the abuse behavior of market dominance by big data enterprises.The first part is the concepts and influence of big data,it describes the characteristics of big data(i.e.volume,diversity,speed and value)to accurately define the connotation of big data.At the same time,big data is divided into five stages: big data collection,big data storage,big data analysis and operation,application of big data analysis results and big data information deletion,so as to accurately grasp the commercial value of each stage of big data.The second part is the main types and harm of big data enterprises abusing their dominant market position.the behavior of common abuse of market dominance by such enterprises is summarized as privacy violations,rejecting transactions and price discrimination.,And the above three types of abuse of dominant market position are studied,,so as to more accurately grasp the typed behavior characteristics and to provide relevant reference for the administrative judicial personnel in practice to identify and punish this kind of behavior.The third part is the market definition of big data enterprises.By analyzing the non-product characteristics and dependencies of big data,combines big data with specific product fields to define their relevant markets.Meanwhile,the test method of profit model is introduced to reduce the negative effect of price factor in the market definition of products related to free model.In addition,in certain cases where the damage can be proved to be serious and lasting for a long time,it is suggested to moderately dilute relevant market concepts and directly determine the abuse behavior of market dominance by big data enterprises.In addition,in certain cases where the damage can be proved to be serious and lasting for a long time,it is suggested to moderately dilute relevant market concepts and directly determine the abuse behavior of market dominance by big data enterprises.The fourth part is the determination of market dominant position by big data enterprises.The enterprise’s big data algorithm,big data processing technology and other factors are considered to comprehensively judge its ability to analyze and apply big data of the enterprise,so as to more accurately judge whether the enterprise has a dominant market position.The fifth part is the judgment of big data enterprises abusing market dominant position.Due to there are enterprises demarcate big data according to consumer information to grade delimits big data,and abuse market dominance to violate consumer privacy,anti-monopoly law has included the behavior of big data enterprises that occupy a dominant position in the market and illegally obtain consumers’ privacy into its regulatory scope.Meanwhile,the exclusivity of big data in this field is judged according to specific industries,and the data transaction obligation is set for enterprises with a large amount of exclusivity data,and the serious violation of data transaction obligation is judged as the abuse behavior of market dominance. |