Research On The Application Of Competition Law Of Grabbing Platform Data

With the development of digital industrialization,the value of data is increasingly recognized.A large number of personal information mastered by the platform has triggered concerns about personal information protection.Because personal information lack protection,the legitimate ideneification standard of data grasping is not clear,the competition law applies to lack of refinement,this paper is based on the case of Weiboshijie Company v.Shanghai Liujie Company and other related cases,uses the personal information in platform data as a key protection,forms three main application path of competition law of principle of good faith,internet terms and business secret terms.On current judical practice,it is difficult to distinguish user’s data,personal information and privacy,to define the competition relationship,to clear the business ethics and the damage to competitive interests,to refine internet terms and other problems,this paper refines the classification of data grading by introducing the "Personal Information Protection Law",grasp the definition of competitive relationship by not limited the same industry,improves the legitimate identification standard by reducing evaluation of business ethics and increasing considering innovative factors,strengthen the application of internet terms and the connection of competition law and other law departments,implement platform responsibility,strengthen government supervision and user’s awareness of rights protection.By introducing mult-body,mult-tool participating in data management,Improving the main governance model of competition law and balance data competition and protection.