Research On The Regulation Of Big Data Platform Abusing Market Dominant Position

Big data has brought about subversive changes in the economic trend and business organization model,combined with Internet and the economic globalization,big data business behavior has shown its unique scale and competitive characteristics.As the power of such companies accumulates,they gradually gain market dominance in their respective fields.Anti-competitive behaviors such as price discrimination and limited transaction are profoundly affecting the market order and the lives of ordinary people.The purpose of this article is to sort out the process of the formation of big data market forces and the disputes over their measurement standards,to objectively compare the international and domestic regulatory methods and legal evolution models and innovations,to integrate the advanced experience of different jurisdictions,and to give directions and make suggestions for the development of the great competition policy.Chapter 1 aims to summarize the pattern and characteristics of market competition in the era of big data,they are dynamic,platform-based and cross-field competition.Then makes classification and points out new forms of abuse of market dominance,such as exclusivity and exploitation caused by the concentration of market forces.Finally,it discusses the dilemma of applying traditional competition law concepts and methods to new economic characteristics.A basic conclusion is that the "free" products in the big data market,as well as other characteristics of the data itself,lead to the absence of price factors in the verification of key concepts.As a result,regulation of this particular type of abuse of market dominance faces the dilemma of “unavailability”.Chapter 2 focuses on the different understandings of the academic community on the nature of big data and whether the concept of competition law can be applied to the big data economy,analyzes the damage measurement standards,the definition of relevant markets,the composition of market forces and the way they function after incorporated big data and platform characteristics.It concluded that the causal relationship between big data and market dominance itself is still controversial at present,but it does not prevent big data from helping companies to abuse their advantages.It is necessary to categorize this and gradually develop and innovate appropriate regulatory measures.Chapter 3 aims to introduce the international community's response mode and methods on this issue,divide them into three types according to their level of advance of policies and practices,named them prudential regulation,moderate gradual and radical change models,then introduces the choices of different countries in terms of theoretical research,practical characteristics and future development directions.The second part summarizes the different regulatory methods of different jurisdictions for specific behaviors,such as denial of data sharing,price discrimination,excessive data collection,and monopoly leveraging,etc.,summarizes the causes and effectiveness of various methods to give the suggestions below.Chapter 4 focuses on the development of competition policy.China currently has a top-level framework for the development of big data,but in the field of competition law,the awareness of such abuses is still subject to industry development concerns,and wastes time in the debate of different opinions.Because China is in the initial stage of the big data competition policy,the relevant improvement proposals are of general significance.Specifically,the improvement of competition law still occupies a central position,but the improvement of a comprehensive competition system is equally important.Based on the hierarchical construction of data rights,it proposes to improve the general concepts and tools of competition,integrate data protection law,consumer protection law,and innovative supervision methods.