Research On The Legal Regulation Of Big Data Operators' Abuse Of Market Dominanc

With the rapid development of the Internet and the continuous innovation of science and technology,China has entered a period of development of digital economy,in which data plays a pivotal role.While competition in the data market has become increasingly fierce,a series of data-related problems have arisen,manifesting themselves in the form of big data killings,leakage of users’ personal information,electronic fraud,and abuse of dominant market position by big data operators.Big data is a relatively new field,and China has more mature solutions to the abuse of market dominance in traditional markets,but the regulations for the field of big data are not perfect,which makes the market order not well regulated and the legitimate rights and interests of consumers difficult to be protected.This paper summarises the research results of previous scholars on the abuse of dominant market position by big data operators,analyses the cases occurring in China’s judicial practice,and puts forward suggestions suitable for China’s actual situation in view of the newly emerged problems in recent years,which can adopt the alternative analysis method,improve the SSNDQ test method and introduce the profit model test method when defining the relevant market for big data operators;and improve the analysis of relevant factors when determining the dominant market It is hoped that this will improve the consideration of relevant factors when determining market dominance,identify market dominance in various aspects,and build a penalty system for abuse of market dominance in the context of big data.It is hoped that this will provide a reference for the improvement of the legal regulation system of big data operators in China.