Research On Anti-monopoly Regulation On Data-driven Concentration Of Undertakings

In the digital economy,the value of data is becoming increasingly evident.More and more companies are recognizing the importance of data and the algorithmic technologies used to process it to compete,and the competitive strength of a company in the digital economy is increasingly dependent on the data it has at its disposal.This is where the data-intensive enterprise comes into being.As the core asset of data-intensive companies,data plays a primary role in strengthening their competitive advantage,but it is costly in terms of time and money for companies to source data on their own,so operator concentration has become a convenient way for data-intensive companies to capture valuable data resources.The frequent emergence of data-driven concentrations of operators is not adequately addressed by the relevant institutional design and regulatory model of anti-monopoly law.How to find a reasonable balance between promoting the development of the emerging economy and monopoly regulation is a practical problem that antitrust law must face up to.This article is divided into four parts:The first part is the introduction.Firstly,the background and significance of the research of this paper are introduced,then,the domestic and international literature related to the antitrust law regulation of data-driven operator concentration is compiled,and finally,the research methodology,ideas,and innovation points of this paper are introduced.The second part is the basic content of data-driven operator concentration.Firstly,it defines the connotation of data-driven operator concentration;then,it summarizes the special features of data-driven operator concentration compared with traditional operator concentration from four aspects: subject,performance,mode,and subject matter;finally,it introduces the current situation of the regulation of data-driven operator concentration in China with several specific examples,which lays the foundation for the development of the following section.The third part analyzes the dilemmas of data-driven operator concentration in the regulation of anti-monopoly law,which are mainly divided into two categories: dilemmas in the declaration,dilemmas in examination and dilemmas in enforcement,specifically including four aspects of prior declaration,the definition of relevant markets,analysis of competitive effects and penalties for violation.The fourth part is the proposed antitrust regulation of data-driven operator concentration.Based on the special characteristics and specific difficulties of data-driven operator concentration,and concerning the advanced experience of overseas countries in the antitrust regulation of data-driven operator concentration,the recommendations on the antitrust regulation of data-driven operator concentration in China are put forward in four aspects,in the order of the above ex-ante,ex-post and ex-post.Secondly,the traditional SSNIP approach should be transformed with the SSNDQ approach,considering the definition of relevant data and algorithm markets and the dilution of the relevant market definition when there is clear evidence.Finally,the manner and amount of penalties for illegal implementation of operator concentration should be adjusted.