Research On The Identification Of Data Monopoly From The Perspective Of Antitrust Laws

At present,it is the period of rapid development of the digital economy and physical economy.While the integration of the two types of economies promotes vigorous development of the market,it also generates data monopoly as well as many related cases which in practice bring about relevant trial dilemmas.For example,the algorithmic collusion about monopoly agreement results in that relevant subjects and liabilities can hardly be identified and it is difficult to determine the related market in the Internet industry.Also,the declaration standards for the concentration of audit data operators are unreasonable.In order to solve the corresponding legal dilemmas,it is necessary to be based on big data itself and clarify the background of how data monopoly behaviors generate and the current situation of data monopoly.Besides,it is necessary to take the characteristics of Internet platform market as a starting point and combine with the legal regulation path of the foreign in data anti-monopoly behaviors to analyze the difficult points between the various forms of data monopoly behaviors.This essay is divided into four chapters to analyze data monopoly:The first chapter is an overview of data monopoly.It includes the background of the generation of data monopoly,the concept of data and data monopoly and the analysis of the three specific forms of data monopoly inChina.The first form of data monopoly is data monopoly agreement.This section is to discuss the algorithmic collusion of the new data monopoly agreement.The second form is the abuse of market dominance by enterprises based on its data advantage.The third form is the concentration of operators based on data possession.The second chapter is to analyze the related problems of how to identify data monopoly.Summarized from the above problems,there are new obstructions faced by China in the field of data monopoly,such as imperfect legislation,unreasonable law enforcement mechanism and lack of attention to personal data.First,due to the Internet era characteristics of the algorithmic collusion(intelligent,hidden and dynamic),the subjects of the conclusion of monopoly agreement are controversial,which impedes the identification of the subjects of data monopoly agreement and imputation of the liabilities.Second,this section mainly analyzes that the Internet industry market has the characteristics of bilateral market,blurred market boundary and consumer lock-in effect,and thus brings about the relevant problems to identification of the related market in the Internet industry.Third,it mainly analyzes the three key elements of data-based operators’ concentration as well as its difficulties.The third chapter is an analysis of the key contents of <Report of Study Group on Data and Competition Policy> released in Japan in 2017 and ananalysis of the judgment of “European Commission DG Competition.Case M.8123 Microsoft/LinkedIn,2016” from the prospective of antitrust laws.It can be concluded that in the future,China could use the method of data classification adopted by Japan as well as the practice to the competition state of data done by Japan for reference.Additionally,in the process of assessing enterprise consolidation,the EU takes the availability and substitution of data into consideration,combining with the effects of the relevant characteristics of the Internet market on the market competition.Such approach adopted by the EU could be drawn lessons from.The fourth chapter is the advice for the regulation of data monopoly behavior in China and also provides suggestions respectively for the specific three forms of monopoly behaviors analyzed in the previous chapter.To deal with the problems arising from algorithmic collusion,the commitment measure in anti-monopoly laws and market research(investigation)should be full used of and the transparency of algorithms should be improved.Besides,to tackle the problem that the dominant position of the market is difficult to be determined,the market dominance of market operators should be considered with multi-angles and multi-factors by clarifying the necessity of defining the relevant markets in the Internet industry.Furthermore,to deal with the key issues problems of data-based operators,the control of theconcentration of data operators should be strengthened,including that the operator’s declaration standards should be detailed and punishment of illegal centralized operators should be aggravated.