Analysis On Anti-monopoly Supervision Of Data Privacy Protection

In the era of digital economy,the use of user personal data has become a touchstone to test the success of data-driven enterprises.However,while personal data bring huge economic value to enterprises,the protection of personal data privacy cannot keep up with the rising speed of economic value.On the contrary,data-driven enterprises improperly collect and process users ’ personal data privacy,seek huge profits and damage consumer welfare through the use of their market dominant position.Therefore,a new problem arises,that is,in the digital economy era,Does improper collection and processing of user data by operators possibly constitute abuse of market dominance? Especially after the German Federal Cartel Bureau has dealt with the abuse of market dominance in Facebook,the academic circles have focused on the relationship between data privacy protection and antitrust.Under the background of the new requirements and challenges of data competition for antitrust,whether the level of data privacy protection can become a new path to identify the abuse of market dominance in antitrust is worth thinking and discussing.This thesis mainly discusses the problem from two aspects.On the one hand,this thesis aims to explore the feasibility of incorporating data privacy protection into the anti-monopoly framework in Germany through the review of the judgment logic of the case of Facebook Abuse of Market Dominance.Taking exploitative abuse as the breakthrough point,the possible link between data privacy protection and anti-monopoly linkage is constructed through the analysis of the case.On the other hand,based on the experience of Germany,this thesis explores the necessity and feasibility of incorporating data privacy protection into antitrust regulation through exploitative abuse in China’s legal environment,and considers the difficulties that may be encountered in the implementation from the theoretical and practical aspects,and finally puts forward the path to solve the problem and incorporate data privacy protection into antitrust regulation.Besides the introduction and conclusion,this thesis is divided into five parts.The second chapter introduces the context of the era in which data privacy protection is incorporated into antitrust regulation,beginning with a definition of the relevant market and the basis for what constitutes an abuse of a dominant market position.This is followed by a description of the characteristics of exploitative abuse and the new forms of expression that have emerged in the digital economy.Next,the problems of anti-monopoly in China at the present stage are described,including the fact that the key data and algorithmic optimisation of super platforms have greatly increased the capacity for technological innovation,but the monopoly potential inherent in the power of technology and capital brought about by the data further enhances the expansion capacity of super platforms,and the vicious circle of feedback and reinforcement between exclusionary and exploitative abuses,which further results in the exploitation of consumers by platforms.The amplification of the exploitative effects of platforms on consumers.The third chapter analyzes the possibility of the combination of data privacy protection and antitrust on the basis of German judicial practice and exploitative abuse.Firstly,it is analysed that there are procedural conflicts in combining data privacy protection and antitrust regulation,including the theoretical issue that the quality parameters in different cases have a variable impact on market competition and therefore improper data collection and processing does not necessarily lead to a reduction in service quality and the difference in the severity of the penalties for both and the possible violation of "ne bis in idem".Four practical issues are raised.Secondly,it is proposed that the improper collection and processing of users’ private data is carried out through unfair commercial terms,which further constitutes an exploitative abuse and thus an abuse of a dominant position in the market.The fourth chapter turns its attention to our country and systematically exploitative abuse is explored for its practical value in our antitrust law.It first discusses the need for personal information protection in China,the existence of a connecting link between the principles of proportionality and transparency and antitrust law,and suggests that the improper collection and processing of data can equally be found to constitute exploitative abuse and thus abuse of a dominant market position under the unfair dealing clause in China.It is also argued that China lacks an appropriate treatment of quality parameters in the current stage of competition damage theory.Finally,drawing on the experience of Germany and focusing on the realities of antitrust in China,the importance of incorporating privacy protection into antitrust regulation in China is examined in terms of finding an abuse of dominant market position and data privacy protection.Through the analysis of practical experience of the German federal,the vision to our country,this thesis systematically explores the important role and position of exploitative abuse in China’s anti-monopoly law and the feasibility of data privacy protection.The fifth chapter analyses the difficulties that will be faced when data privacy protection is incorporated into antitrust regulation.Firstly,from the legislative perspective,it is suggested that the anti-monopoly law based on the industrial economy is lagging behind,and that the rules for determining exploitative abuse in China are not clear at present,and only a simple list of provisions for the abuse of dominant market position is available,which is no longer suitable for the new changes in the digital economy.Secondly,from the perspective of law enforcement,it is suggested that law enforcement agencies do not have the authority to review privacy protection on their own initiative,and the difficulties faced by law enforcement agencies in this regard are limited discretionary power,inadequate allocation of resources and limited law enforcement resources.Finally,it is suggested that in the actual regulation,attention should be paid to the coordination with other laws such as the Personal Information Protection Law.The sixth chapter puts forward the ideas and preliminary measures to solve the practical problems mentioned above from the three aspects of legislation,law enforcement and coordination with personal information protection.Firstly,from the perspective of legislation,this thesis puts forward that the main embodiment of consumer interests in the digital economy era is the level of data privacy protection.Therefore,it is suggested that privacy protection should be written into the purpose of anti-monopoly,and the identification rules of exploitative abuse should be deeply studied,classified and applicable provisions should be clearly stipulated in the law.Furthermore,from the perspective of law enforcement,it is proposed to give antitrust law enforcement agencies the power to review data privacy protection,further expand the discretion of antitrust law enforcement agencies in this regard,and propose measures to optimize the allocation of resources at the law enforcement level.Finally,in terms of coordination with personal information protection,this thesis puts forward two measures,namely,the responsibility convergence with personal information protection agencies and the rule convergence with personal information protection law.