Legal Regulation Of Operators’ Monopoly Involving Big Data

Data is one of the most basic static components of big data.Big data is a multi-dimensional collection concept,not just a large amount of data superposition,its connotation includes massive data resources,and specialized technologies for analyzing and processing massive data It can also be abstracted as an ability to realize information value with prediction as the core.At present,the impact of big data on market competition has become a social hot spot.While changing the business competition landscape,it also impacts the current business model and competition order.However,the significance of big data in antitrust laws and the discussion of operators’ monopoly on big data are rare.The monopoly of the operators involved in big data mainly includes the following performances: When big data resources and technologies are mastered by operators through operator concentration or agreements,it is very easy for operators to restrict competition by virtue of the advantages of big data;and the existence of existing markets Operators in a dominant position abuse the advantages of big data to eliminate potential competitive threats.The above-mentioned circumstances have destroyed the order of free competition in the market and are not conducive to the realization of consumer interests.In the framework of China’s existing antitrust law,the M & A of data-driven enterprises has a dilemma of review.It is difficult to identify the abuse of the dominant position involving the big data market,and it is impossible to effectively regulate the problem of algorithm collusion.The new situation has also brought new thinking to the relief concept,competition assessment standards and anti-monopoly law enforcement technology of Chinese operators involved in big data monopoly.The active exploration of Europe,the United States and the Organisation for Economic Co-operation and Development on the issue of monopoly of big data shows that the fact that big data is of competitive significance and will trigger a monopoly risk should be included in the scope of antitrust law enforcement investigations.Antitrustagencies must target data-driven enterprises The acquisition strategy and algorithm collusion issues remain highly sensitive.Combined with China’s actual and extraterritorial experience,China’s operators involved in big data monopoly laws and regulations need to be improved from the following aspects: perfect the merger review of data-driven enterprises,define the relevant market for big data monopoly alone,and clarify the regulatory thinking of algorithm collusion,Adjust the concept of antitrust laws and regulations,optimize competition assessment standards,and use big data technology to improve law enforcement.