| As a product of the rapid development of the digital economy,the Internet of Things,big data,artificial intelligence and other new things lead the new economic trend of The Times.They not only innovate the way of production and life,but also impact the traditional anti-monopoly legal rules and theoretical basis of various countries.trace sth.to its source,Unlike the traditional unilateral market,The bilateral market in the field of big data presents the characteristics of network effect,user locking effect and cross-border competition,These characteristics lead to antitrust enfo..rcement difficulties in dealing with antitrust cases where platform operators abuse their dominant market position,for instance,On both sides of the bilateral market,Which side of the market should be chosen as the basis to define the relevant market has often become the focus of the case;and,The free end of the bilateral market challenges traditional demand substitution analysis and assumed monopolist testing based on price increases,It also weakens the role of market share in determining the dominant market position;The Network effect,the user lock-in effect will enhance the market entry barriers,Consolidate the dominant market position of platform operators.On January 2,2020,China announced the draft revision of the <Anti-monopoly Law>(Draft for Public Comments),which coincides with the decision of the EU General Court on November 10,2021 to maintain the 2.42 billion euro antitrust fine in the Google comparison shopping case.In this occasion,China can refer to the new thinking and new methods of Google comparison shopping case to propose the following measures to solve the antitrust enforcement problems in the field of big data.First,in defining the relevant markets,we should select the benchmark markets and partially innovate the demand substitution analysis and SSNIP test;In determining the dominant market position,the user registered amount should be the market share to judge the market share. |
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