Research On Legal Regulation Of Big Data Monopoly Of Internet Enterprises

The rapid development of the Internet era has changed the way of human life to a large extent,The human way of life has undergone tremendous changes,At the same time,At the same time,network platforms continue to change.Based on maintaining the rationality and effectiveness of market operation and the fairness of competition,The data monopoly behavior carried out by enterprises with their own big data to participate in the game has the value of research.30 January 2019,2 January 2020,The General Administration of Market Supervision has begun to attach importance to big data monopoly through the introduction of draft for consultation on the prohibition of abuse of market power and the > revised draft of the < Antimonopoly Law(draft for public comments)successively,And the above documents only make general provisions on the big data monopoly phenomenon of network enterprises,Lack of specific provisions.Through the analysis of big data monopoly behavior of anti-monopoly regulation network,And the practice of big data monopoly through antitrust regulation in foreign countries and regions,Then the paper puts forward the corresponding optimization strategy for the regulation of big data monopoly in the domestic Anti-monopoly Law.This study first explains the problem of big data monopoly of Internet enterprises in domestic legislation,analyzes the cases related to big data monopoly of Internet enterprises in Chinese and foreign practice fields,and the characteristics of Internet big data.This paper explores the causes of big data monopoly and the problems derived therefrom.The characteristics of network externality,extreme scale reward and big data economic attribute of network economy market make it completely different from traditional economic market.The emergence of big data monopoly is greatly affected by the characteristics of data economy and the special function of big data itself.However,the antitrust law under implementation has some defects in restricting big data monopoly.Thirdly,in the second and third chapters,based on the lack of the definition of the dominant position of Internet enterprises and the setting of turnover as the standard of centralized declaration of operators,two aspects do not adapt to big data monopoly.In addition,it also explores the practical practices of foreign countries and organizations in data monopoly regulation,and summarizes the appropriate experience with domestic conditions.At the same time,it points out the guiding value of referring to the experience of foreign legislation on data monopoly regulation in theory and practice.Then,in the fourth chapter,referring to the practice of foreign countries,this paper explores legislation and law enforcement strategies and opinions for the domestic Antimonopoly Law.First,it is necessary to clearly identify the basic rules of data monopoly: necessary facilities rules and reasonable rules.The judgment of the dominant position of the market should be combined with the outstanding characteristic of dynamic game,and a series of operational elements of network enterprises should be considered synthetically.The abuse of market dominance includes two aspects,one is to restrict or exclude competition behavior,the other is to infringe on the legitimate rights and interests of consumers.The former is embodied in setting technical barriers,cross subsidies,locking users,and the latter is embodied in differential pricing behavior and forced hitchhiking.Concentrated activities with operators.