| In the era of digital economy,data,as a new factor of production,plays an irreplaceable role.Big data is also a way for platform enterprises to gain competitive advantage,hinder other operators from entering the market,and eliminate or restrict market competition.Therefore,the big data monopoly of platform enterprises based on data has aroused widespread concern in the Anti-monopoly field.However,how to effectively regulate the big data monopoly of platform enterprises and ensure the interconnection of data element markets has become a practical problem that needs to be solved urgently in the Anti-monopoly Law of various countries.In essence,big data monopoly refers to the behavior that platform enterprises eliminate or restrict competition or may eliminate or restrict competition in various stages of data acquisition,processing,analysis,etc.in order to take advantage of their data resource advantages to obtain more benefits.At present,China’s Anti-monopoly Law is unable to break the shackles of big data monopoly.The whole regulatory framework of the Anti-monopoly Law is difficult to play its role.Therefore,combining with the extraterritorial experience and enlightenment of legal regulation of big data monopoly of platform enterprises,it is the top priority to scientifically define relevant markets,promote the formation of data interconnection mechanism between platforms and build a dynamic legal supervision system.The key to this study is to break the shackles of big data monopoly of platform enterprises and adapt the Anti-monopoly Law to the development of digital factor market.Based on the basic theory of the Anti-Monopoly Law and with the help of economic theory,this paper conducts research on the legal regulation of big data monopoly of platform enterprises.The main body of the full text consists of five parts,which are summarized as follows:The first part,the introduction.This part starts with the research background and research significance,makes an in-depth comparison of the research status at home and abroad,summarizes different viewpoints on building the framework of Anti-monopoly law,and finally explains the research methods and innovations.The second part is the overview of big data monopoly of platform enterprises.This part first explains the connotation of big data monopoly of big data and platform enterprises,that is,from the perspective of Anti-monopoly law,it gives a more reasonable explanation of the connotation of big data monopoly of big data and platform enterprises.Since then,it has explained in detail that the characteristics of easy centralization of data,high threshold of data processing technology and network effects have led to the emergence of big data monopoly of platform enterprises.It also explains the hazards caused by the platform enterprises’big data monopoly,such as eliminating or restricting market competition,infringing on the legitimate rights and interests of consumers,and hindering the progress of the Internet industry,which also reflects the urgency and necessity of regulating the platform enterprises’big data monopoly.The third part is the current situation and difficulties of the regulation of big data monopoly of platform enterprises in China.This part can be described as listing the current relevant provisions of our country one by one according to the order of laws.Then analyze the dilemma of legal regulation of big data monopoly of platform enterprises,and find out the three most critical problems,namely,the inapplicability of relevant market definition methods,the obstacles faced by data opening and sharing,and the difficulty of existing regulatory methods of Anti-monopoly law.To this end,we propose countermeasures to regulate big data monopoly of platform enterprises.The fourth part is the extraterritorial experience and enlightenment of legal regulation of big data monopoly of platform enterprises.This part summarizes the legal provisions and individual typical cases of big data monopoly of platform enterprises in the United States,the European Union and Germany,which are the most representative of Anti-monopoly laws.On this basis,the experience and enlightenment suitable for the improvement of China’s Anti-monopoly law are obtained,such as establishing the concept of flexible regulation to balance interests and order,and preferentially applying the competition law system in dealing with data issues.The fifth part,suggestions on improving the legal regulation of big data monopoly of platform enterprises in China.This part has the longest length and the most in-depth analysis.Based on the basic points of the third and fourth parts,it puts forward suggestions on regulating big data monopoly of platform enterprises.First,we should establish a special data related market,improve the hypothetical monopolist test method and introduce the profit model test method.In addition,based on the perspective of data protection,we must build a data opening and sharing mechanism according to law,clarify the ownership of data,improve the data portability system and standardize the interoperability of data,so as to push data governance to the peak.Finally,we will build a dynamic legal supervision system that runs through the "before,during and after" process to effectively regulate the big data monopoly of platform enterprises. |
