| With the continuous development of digital economy,the value of data economy is constantly highlighted,which has become an important means for enterprises to compete and seize the market.With the rapid pace of data competition among enterprises,countries have also introduced policies to promote the maintenance of competition,promote the circulation and sharing of data resources.In the judicial practice of our country,the competition law problems caused by data abuse frequently appear,such as how to determine that there is technical lag and legal lag in the behavior of data acquisition and utilization between enterprises.This paper aims at the monopoly behavior from the angle of anti-monopoly law.Firstly,this paper introduces the relevant elements of data sharing,classifies the data behavior in data sharing,and introduces the basis(data,platform,algorithm)of the data sharing operation system.On this basis,it is proposed that data ownership blank and data abuse hinder the realization of data sharing.Secondly,the types of monopoly behavior in data sharing are discussed.On the one hand,this paper discusses and analyzes the behavior of refusing data sharing,setting unreasonable conditions to hinder data sharing,data tying and excessive data collection in practice,on the other hand,it reflects on the rationality of the "three authorization" principle through collecting and sorting platform sharing rules and case analysis.Thirdly,on the basis of the second part,on the other hand,the current monopoly law has the dilemma of regulating data monopoly.This paper puts forward that the idea of anti-monopoly regulation fails to respond to the development needs of digital sharing,the alternative analysis method of traditional relevant market theory and the theory of determining market dominant position by market share are difficult to solve all kinds of problems in data competition.Finally,draw lessons from the legislation of the United States and the European Union,combined with the existing problems in China to put forward the response path.This paper holds that the development of data sharing needs to ensure the stability of data private rights and the orderly competition of data market,and the concept of anti-monopoly regulation in data economy should be turned to active,prudent and cooperative supervision.Therefore,this paper puts forward(1)the competition law should actively apply the development needs of data economy and establish the legislative principle of balancing data security and data sharing.(2)In view of the weakness of relevant market theory and market dominant position theory in dealing with data problems,this paper proposes to explore the necessity and feasibility of defining data market separately in the relevant market definition,and to revise the traditional relevant market definition method with non-price elements;(3)to synthesize the influence of data on market dominant position in market dominant position,to integrate the content of article 35 of the Electronic Commerce Law,to introduce the theory of comparative advantage position,and to form a dual regulatory structure prohibiting the abuse of market dominant position and the abuse of comparative advantage position;(4)In the aspect of competition effect analysis,the author puts forward the reasonable boundary of operator’s data utilization,the inclusion of privacy protection in monopoly analysis and the suggestion of perfecting data monopoly behavior model. |
