| As an emerging industrial model,the prosperity of the big data industry has brought a new opportunity to the society: by collecting,analyzing and applying consumers’ information,big data enterprises can provide consumers with private and customized services,and bring a special experience to consumers.It can be seen that big data is very important for enterprises,which can not only bring direct economic benefits to enterprises,but also promote the innovation of enterprise industrial model.Under the stimulation of economic interests,companies are likely to take any efforts to exclude the competition of big data.In addition,the law lags behind,which will pose a threat to the society.This article is expanded from the following sections.In the first part,exploring the basic connotation of big data and the monopoly of big data.Since the rise of big data,it has attracted increasing attention from all walks of life,however,agreement about the summary of big data and big data monopoly has not reach.figuring out what’s the big data is so important to solve follow-up questions.In the second part,analyzing the current situation of big data monopoly behavior and demonstrate the necessity of big data monopoly behavior.There are many typical cases of big data monopoly behavior at home and abroad,however,some scholars have a wait-and-see attitude towards regulating big data monopoly behavior.The economic value and social value of big data have competitive attributes,this is the internal properties of big data,in addition,big data will cause adverse impact on the market,mainly manifested in big data monopoly by damaging legitimate market competition order,narrowing consumer’s choice,all these hazards prove that China should regulate big data monopoly behavior.In the third part,Sorting out the anti-monopoly laws of big data and analyzing the existing laws.The regulation of data and big data monopoly behavior in China can be scattered in many legal documents,such as Civil Law.The scattered lack of these provisions leads to the lack of systematic and scientific basis for the regulation of big data monopoly behavior.In the fourth part,analyzing the relevant foreign laws and regulations,and summarizing the provisions of different countries.In the practice of big data anti-monopoly law,the United States,the European Union,Germany,Japan all have relevant regulations.The United States focuses on protecting data privacy;some EU members have introduced "turnover terms" to compensate for insufficient "turnover".In determining operator market dominance,Germany takes "having competition-related data" as an important factor;Japan stipulates that turnover cannot be regarded only as the only factor in determining market dominance.In the fifth part,take moderate intervention in prudent regulation,not allowing monopoly behavior to endanger the proper market order,then,introducing the principle of necessary facilities and improving the identification standards of data-driven operator concentration,algorithm collusion and abuse of dominant market position. |
