Research On The Identification Of Data Platform Abuse Of Market Dominance

With the rapid development of data information network technology and the arrival of the big data era,global antitrust issues are emerging endlessly.Data information has gradually become the main factor in market competition.Different from the common unfair competition in the traditional competitive market,the means taken by data platforms to abuse market dominance are also different from the past due to the inherent characteristics of data.For example,in the " EU Google case" and " Alibaba Restricted Trading case",due to the characteristics of data such as liquidity,concealment,and professionalism,antitrust law enforcement agencies in various countries face new difficulties and challenges in defining the relevant markets that constitute the abuse of market dominance,determining market dominance,and determining abuse behavior when conducting antitrust reviews.In the field of data platform competition,the changes in the business models and concepts of platform market operators brought about by the characteristics of data information also bring many new problems and difficulties to antitrust law enforcement practices.Due to the unique characteristics of data,the identification of abusive behavior by data platform market operators faces new problems and limitations due to its different characteristics from traditional competitive markets.This requires us to re-examine the identification methods and standards for the constituent elements of abusive behavior from the perspective of the rapid development of data information technology,in order to provide new support and guidance for future antitrust law enforcement work.This article mainly consists of the following three parts:The first part mainly analyzes the focus of controversy between market entities and antitrust law enforcement agencies in determining whether they have engaged in the abuse of market dominance in the "EU Google case" and "Alibaba Restricted Trading case",and analyzes these focuses.The three issues that this article needs to focus on are the definition of relevant markets,the determination of market dominance,and the abuse behavior.The second part mainly conducts theoretical analysis on these three issues.Based on mastering their theoretical foundation,carefully consider the impact and role of different factors in the identification process of each issue related to the abuse of market dominance,as well as the changes in traditional identification methods and standards with the development of digital information technology and the emergence of new data trading platforms,What limitations and unadaptability have traditional influencing factors generated from this,which leads to the focus and difficulty of identifying the abuse of market dominance by data platforms.The third part is mainly based on the conclusions drawn from the second part,aiming at the key and difficult points of identifying the abuse of market dominance by data platforms,combined with existing legal provisions and policy guidance in China,to propose corresponding improvement suggestions and solutions,thus bringing certain help to China’ s anti monopoly law enforcement work.