Research On The Anti-monopoly Issue Of Data-Driven Concentration Of Business Operators

In the context of the digital economy,companies rely on strong data advantages to enhance their combat effectiveness and competitiveness in the market.In order to further expand their business scale and expand the market,some giants in the Internet industry compete for data by means of operator concentration.In the process of Internet giants grabbing data resources,controversy caused by data and concerns about anti-competitive behavior have also slowly erupted,which has attracted the attention of anti-monopoly law enforcement agencies around the world.This article is divided into three parts.The first part is the necessity of anti-monopoly regulations for the concentration of data-driven business operators.In the context of the digital economy,data,as a key production factor,is of great significance to the acquisition and maintenance of a company's competitive advantage.For this reason,many companies obtain large amounts of data through concentrated operators.After the centralization,the advantages of big data will be fully utilized through data sharing and integration.In this case,the barriers to market entry may be gradually increased,and the use of non-horizontal concentration to refuse to share data with competitors in the relevant market will cause data sources to be closed and cause user privacy concerns.In addition,in recent years,large platforms have continuously carried out stifling acquisitions of start-ups,which has also become a kind of anti-competitive behavior.Through the analysis of the possible competition damage caused by the concentration of data operators,the necessity of anti-monopoly on the regulation of the concentration of data-driven operators is clarified.The second part is the dilemma of regulating the concentration of data-driven operators.Based on the current development status of the anti-monopoly review system for the concentration of undertakings in my country and the current legal and regulatory status,it is found that when my country is currently facing a data-driven concentration of undertakings,the reporting standards are not suitable,and the impact of data concentration on the market power of enterprises is difficult to judge.Privacy is included in the issue of controversial anti-monopoly review and lack of complete defense rules.The third part,based on the research results related to the concentration of data-driven enterprise operators obtained by many domestic and foreign academic researchers,analyzes the problems arising from the concentration of domestic data-driven enterprises,and proposes corresponding problems.Rationalization opinions and insights.In terms of reporting standards,a single threshold for reporting turnover should be discarded,diversified reporting standards should be established,and stifling acquisitions should be included in the review.In terms of judging the impact of data concentration on competition,we should pay attention to factors such as the data scale of the merged company,the company's algorithmic capabilities,the ability of competitors to collect and analyze data,and whether the data is irreplaceable,and analyze whether the merger will increase market entry barriers..In addition,by pre-assessing whether the merged company is capable and motivated to implement anti-competitive behaviors alone or conspiracy with other competitors,the overall effect of the concentration of operators to restrict competition is examined.In response to the dispute over whether privacy is included in the antitrust review,it was proposed that privacy should be considered as a quality dimension.Regarding the imperfection of efficiency defense rules,it is proposed to adopt the social welfare standard to allow operators to qualitative defenses.For additional restrictive conditions,structural relief and behavioral relief are combined.In addition,the anti-monopoly law enforcement agencies are still in an exploratory stage of regulation of data-driven mergers and acquisitions,and the introduction of a merger review system can better respond to digital challenges.