Research On Legal Issues Of Data Product Competition

With the iteration of technology,the chaos of data product competition exhibits a persistent feature.Data products rights and interests are exposed in the gray area,causing concern and fear among stakeholders and large volumes of users.Data products have the characteristics of "one hair triggers" due to their data-spreading property.Their competitive behaviors are also difficult to apply traditional competitive law concepts due to their technological,hidden,and diverse characteristics.Although existing judicial decisions often regulate competitive behaviors through the Anti-Unfair Competition Law,comparative cases show that excessive reliance on general clauses and catch-all clauses cannot effectively balance the protection and governance of data products.Therefore,based on the actual situation of data product competition,this paper proposes specific regulations for this field through concrete requirements,such as refining the standard for actions’ legality,optimizing the data right compensation system,and other measures.This will serve as a legal and reasonable way to determine the legal and equitable manner of data product competition,protect the legitimate rights and interests of data products,and effectively regulate the activities of data product markets,promote good competition,and achieve positive economic growth in the long run.The first chapter of the main text analyzes three cases of unfair competition in the data product market,summarizes the key issues in the controversies,and proposes three legal questions related to data product competition: first,whether there is competition between the two sides and the applicability of competition;second,whether the competitive behavior is illegal,and what is the boundary of illegal competition;third,how to determine the compensation for data rights.The second chapter of the main text analyzes the legal basis for recognizing data competition relationships.Starting from the concept and characteristics of data products,the paper reviews the theories of competition relationships and finds that the interpretation of competition relationships by courts has an infinite expansion phenomenon.The recognition of competition relationships by courts is more like a passive response and has no practical significance in judgments.In data product competition cases,competition relationships should not be used as an absolute prerequisite for determining data product competition disputes.The third chapter of the main text analyzes the components of data competition behavior and analyzes their illegality.By reviewing the general clause and the internet special clause,this paper finds that the existing legal types are insufficient to cover all new forms of unfair competition.At the same time,the standard for actions’ legality still has problems such as undefined recognition boundaries and incomplete value consideration factors.Therefore,specific guidance should be provided for the legality of data competition behavior.The fourth chapter of the main text analyzes the legal implications and suggestions for the scope of damaged data rights.Due to the technical,hidden,and diverse characteristics of data products,courts often cannot determine the specific amount of actual loss or illegal gain,and only can determine compensation through their discretionary power.This leads to an unpredictable compensation system.Therefore,this paper proposes to optimize the data right compensation system by distinguishing the different data rights of different data products and distinguishing between the general clause and the internet special clause.The fifth chapter of the main text provides insights and suggestions for the legality of data product competition behavior.First,the importance of the applicability of competition relationships should be downplayed,and efforts should be made to maximize the protection of data products,and no longer regard competition as an absolute prerequisite for determining data product competition disputes.Second,specific guidance should be provided for the legality of data competition behavior through specific regulations,such as adding type-oriented clauses,etc.,to enhance the practicality of the internet special clause and avoid its escape from the general clause.Finally,the paper optimizes the data right compensation system to achieve a more scientific and reasonable compensation amount for data product competition cases,avoid significant differences between similar cases,and promote positive competition.