The Regulation Of Data Monopoly Byplatform Operators

In the era of platform economy,with the exponential growth of data resources and the explosive development of algorithm technology,the ability of managing,processing,and comprehensively utilizing data determines the market position and future development of platform operators.To win the competition for data,data monopolization by platform operators is commonplace.The Internet platforms,what’s more,is characterized by the free economy,network effects and economies of scale,reflecting unique bilateral market characteristics.Although the legislation is actively adjusted,the paradigm of monopoly agreement,market dominance,and operator concentration review is still stretched in the face of data monopolization by platform operators.In this regard,the data monopoly behavior of platform operators should be analyzed and defined,and the basic principles of the Anti-monopoly Law should be applied to the characteristics of the Internet economy and data monopoly behavior,and the relevant provisions of the Anti-monopoly Committee of the State Council’s Anti-monopoly Guidelines on the Platform Economy should be combined to analyze and discuss the current situation and regulatory path of the data monopoly behavior of platform operators,and put forward targeted optimization This article is divided into four parts.Except for the introduction,this paper is divided into four parts:The first part is the connotation and scope of data monopoly behavior of platform operators.This part defines and classifies data and data monopoly behavior of platform operators,and discusses its connotation and range.This part first discusses the classification of data and defines and classifies the behavior of data monopoly of platform operators;after that,it discusses the causes of data monopoly of platform operators;finally,it discusses the classification of data monopoly of platform operators.The second part is about the necessity and challenges of regulating data monopoly of platform operators.Since data monopolization is divided into various types of behaviors,this part does not discuss them in a general and abstract manner,but takes data classification as a starting point to discuss the externality effects of monopolizing different data and to study their anti-competitive effects.The third part is the current status of the regulation of data monopolization by platform operators.This part fully explores the changes in the concept of regulation of data monopoly behavior of platform operators and the status and trends of central legislation in recent years,and introduces the regulatory path of traditional anti-monopoly law regulation as the main focus,supplemented by other data governance tools.This part focuses on the regulatory dilemma of data monopoly behaviors of platform operators.First,it introduces the dilemmas of economies of scale,network effects,and free economy faced by traditional relevant markets under this topic;second,it analyzes the role of algorithmic conspiracy in promoting and consolidating algorithmic conspiracy,and reveals the dilemmas in identifying and regulating monopoly agreements;third,it introduces the difficulties in identifying platform operators as having a dominant market position,and the principles of necessary facilities that may not be confirmed by legislation so far;fourth,the single standard of review and the lack of value measurement are important reasons for the difficulty of reviewing operator concentration in the Internet field,and the lack of value measurement will also damage the prestige of antitrust enforcement;fifth,it analyzes the retardation of regulation and recognizes the technical problems faced by the implementation in practice.The fourth part is the suggestion of legal regulation of data monopoly of platform operators.According to the characteristics of the Internet economy and the existing regulatory dilemma,it purposefully proposes the improvement of the definition of relevant markets in the Internet field,highlighting the role of bilateral market theory and optimizing quantitative analysis tools;then it proposes that the interpretation of meaningful liaison should be expanded and the theoretical path of common market dominance should be improved to assist in regulating algorithmic conspiracy;then it adjusts the consideration of determining market dominance.Then,it proposes to adjust the traditional market structure criteria and localize the principle of necessary facilities;then,it proposes to optimize the evaluation index of operator concentration and introduce value measurement,and work on the review and evaluation mechanism of data-driven operator concentration;finally,it proposes to build and improve the data-driven regulatory system to put data governance into practice.