Antitrust Regulation Research Of Big Data "Affinity"

In the era of big data,the modern work of listening,speaking,reading and writing and living closely related to the Internet has been inseparable.When enjoying many conveniences brought by the network,a large amount of our personal information and private data are also left behind by big data,resulting in many hidden dangers.For example,through the collection and analysis of users’ personal information on the Internet enterprise platform,Accurate consumer portraits are formed according to users’ consumption habits,and personalized pricing is carried out accordingly,which has gradually evolved into the big data "killing" behavior that almost everyone has encountered.For a time,the protection of personal information by the Internet,the safe use of Internet enterprise platform and the protection of consumers’ legitimate rights and interests in using Internet platform have become the focus of attention a key.From the perspective of anti-monopoly law regulation,this paper intends to analyze and discuss the anti-monopoly regulation of big data "killing cooked" behavior in combination with the newly issued anti-monopoly guide in the field of platform economy,personal information protection law,data security law and other laws.In addition to the introduction and conclusion,this paper consists of the following parts:Part Ⅰ: overview of big data "killing cooked" behavior.This paper mainly discusses the emergence of big data "killing cooked",the definition and essence of big data "killing cooked" behavior,and the characteristics of big data "killing cooked" behavior.In the emergence of big data ripening,the article shows in the form of cases that big data ripening has become a social problem that can not be ignored through development.In the discussion of the definition and characteristics of big data "killing cooked" behavior,the qualitative disputes of big data "killing cooked" behavior are also discussed.Through the discussion,it is concluded that the essence of big data "killing cooked" behavior is price discrimination.Part Ⅱ: antitrust analysis of big data "killing ripe" behavior.This part mainly focuses on the necessity of anti-monopoly regulation of big data "killing cooked" behavior,the advantages of anti-monopoly regulation of big data "killing cooked" behavior and the legitimacy of anti-monopoly regulation.Among them,the necessity is analyzed by proving that the "killing" of big data will destroy the market competition order,damage the legitimate interests of consumers,weaken the innovation consciousness of platform enterprises,and comply with the constituent elements of antitrust regulation.In the advantages,by comparing with the anti unfair competition law and data privacy protection law,we get the advantages of anti-monopoly regulation on the "killing of mature" behavior of big data.In this part,it also analyzes the newly issued personal information protection law and data security law.Finally,in the part of legitimacy,it is analyzed that from the perspective of economics,price discrimination may promote the increase of total social welfare,but from the perspective of law,the behavior of "killing ripe crops" will form a monopoly and destroy the market competition order.Part Ⅲ: the regulatory dilemma of anti-monopoly law faced by the "killing of mature" behavior of big data.This part elaborates on the current "killing" of big data from the following aspects: the limitation of the scope of the main body that constitutes the "killing" behavior of big data,the defense of platform operators abusing legitimate reasons,the conflict between the laws of consumer privacy data protection departments,the difficulty in judging the anti competitive effect,the difficulty of consumers in providing evidence,and the defects of the platform economic antitrust guide The difficulty of antitrust regulation.Part Ⅳ: suggestions on antitrust regulation of big data "killing ripe" behavior.This part mainly puts forward suggestions on the regulation of big data "killing cooked" by antitrust law from the aspects of legislation,law enforcement,judicature,law-abiding and supervision.Firstly,at the legislative level,we should improve and perfect the anti-monopoly legislation in the field of price discrimination.First,we should promote anti-monopoly legislation and amendment in the field of price discrimination;Second,we should break through the restrictions on the scope of subjects in the anti-monopoly law;Third,it is necessary to make a clear division of the judgment criteria of justifiable reasons in antitrust;Fourth,we should adhere to the principle of modesty and prudence in anti-monopoly law enforcement.Secondly,the linkage mechanism of mutual coordination of departmental laws should be established at the level of law enforcement.Then,at the law-abiding level,we should actively explore the establishment of anti-monopoly private relief mechanism.Finally,in terms of supervision,we should give play to the overall role of society and regulate the behavior of "killing ripe".