Research On The Legal Regulation Of Monopoly Behavior In The Context Of Big Data

At the end of the 20 th century,with the wide use of big data,it is inevitable that some enterprises and businesses will compete for data resources.If there is competition,monopoly is inevitable.Under the background of big data,the emergence of monopoly behavior will inevitably impact the good competition order of the data market,hinder the innovation and development of the Internet,and also have a certain impact on personal data privacy.Therefore,we can not avoid the existence of monopoly in the background of big data.We should analyze the causes of monopoly behavior,lay a foundation for further development of data economy,and at the same time,when dealing with monopoly behavior under the background of big data,anti-monopoly law should timely carry out theoretical and institutional innovation,regulate the behavior of relevant monopoly subjects in data market,and build a fair and free market based on this structure the field competition environment further promotes the innovation and development of the data industry.This not only reflects the important role of the anti-monopoly law in maintaining a fair and orderly competitive environment in the market economy,but also reflects its value pursuit of promoting the stable operation of the market economy and ensuring the innovation and development of the market economy.This paper mainly focuses on the anti-monopoly law regulation of monopoly behavior under the background of big data,and discusses it in four parts.First,the analysis of the concept of monopoly behavior in the context of big data.This paper mainly discusses the definition and characteristics,development history and value of big data to understand some related concepts of big data,and expounds the connotation and manifestation of monopoly behavior under the background of big data,and further discusses the limitations brought by the characteristics of monopoly behavior to the regulation of anti-monopoly law.Secondly,it analyzes the limitations of China's anti-monopoly law in regulating data monopoly under the background of big data.Compared with traditional monopoly,the limitations of anti-monopoly law in regulating monopoly behavior under the background of big data are summarized.The specific features are that the traditional monopoly agreement anti-monopoly regulation is not suitable for the agreement monopoly behavior in implied collusion form,and lacks the scope and standard of identification of collusion;The traditional definition of relevant market methods is limited to unilateral market mode,which is applied to both parties the multilateral data market lacks rationality and accuracy,and there is no uniform standard for the confirmation of the dominant position of data market;The traditional centralized anti-monopoly regulation system lacks the qualification identification of the merger subject of big data enterprises and a perfect merger review mode.Thirdly,it analyzes and draws lessons from the relevant experience of data anti-monopoly regulation in foreign developed countries.The United States mainly regulates the bottom line of data collection and utilization of data enterprises,focusing on the protection of consumers' privacy rights and interests,so as to avoid discrimination while big data provides personalized services;Germany has taken into account the relevant market definition,including direct and indirect network effects,parallel use of services,scale economy of users' conversion cost enterprises due to network effect,etc.Meanwhile,in the recognition of market dominance,besides considering the exclusion of competitive factors,big data technology will be used to form discrimination as the recognition standard;In response to the challenge of anti-monopoly brought by data,Japan has formulated the basic standards for the application of competition law in the data industry.In the aspect of data industry monopoly identification,it is proposed to consider many factors,such as the characteristics of data,the characteristics of the industry itself and its impact on the competitive market order.The reduction of the level of privacy protection can also be used as the standard to measure the effect of competition we should not only consider the factor of sales,but also pay attention to the hidden danger of establishing the dominant market position with the profitability.Fourthly,it puts forward suggestions to improve the data anti-monopoly regulation system under the background of big data.In the aspect of big data mode collusion,it is suggested to improve the transparency of data resource information in the circulation and utilization among major enterprises,so as to facilitate the supervision and management of relevant law enforcement departments,and expand the scope of traditional monopoly agreement identification.Intelligent system with independent learning ability can be included in the consideration of regulatory subjects;In terms of data market definition and dominance recognition,time market considerations can be introduced according to the timeliness characteristics of data resources,and the characteristics of data market can be analyzed to improve the traditional standards of dominance identification;In the aspect of big data business merger review,it is suggested to enhance consumers' personal awareness of data protection,refine the big data reporting standards according to the characteristics of data bilateral market,and take financial statements,displayed business volume and market competitiveness impact assessment into consideration.Through the discussion of monopoly behavior under the background of big data,improve the regulation system of anti-monopoly law,in order to better deal with the challenges brought by big data,maintain the healthy and orderly competitive environment of data market,and promote the innovation and development of data industry.