Research On Anti-monopoly Regulation Of Online Platform Abuse Of Consumer Data

In the digital age,platform economy is the main business model,and the market competition under this model presents different characteristics from industrial economy.From the perspective of production factors,consumer data becomes a new factor of production and an information source for managers to make predictive market responses.From the perspective of technical means,digital platforms rely on emerging technologies such as big data,cloud storage and algorithms to carry out market competition and improve economic efficiency.From the perspective of market subject status,consumer data deeply participates in the competition process of operators,and its market subject status is promoted and its market participation degree is significantly deepened.Network platform has obvious market bilaterality,network externality and user lock.When the consumer data occupied by a platform reaches a certain scale,platform operators can obtain a strong dominant market position and use this dominant market position to carry out monopolistic behavior.Abuse of consumer data to engage in monopolistic behavior will not only destroy the order of market competition,but also harm the interests of consumers.Although the newly revised Anti-monopoly Law has taken into account the hidden monopoly risks brought by data,algorithm and technology,it has not effectively regulated the problems in practice.Therefore,in order to adapt to the new situation of market competition in the digital age and better protect the rights and interests of consumer data,this paper continues to discuss and study the anti-monopoly regulation of platform abuse of consumer data.Based on the above purposes,this paper elaborates from five parts:The first part is the introduction.It mainly describes the research background and research status at home and abroad,and determines the research methods and ideas of this paper.The second part introduces the case and summarizes the focus of the dispute.Through the analysis of the case,three questions are put forward: 1.How to identify the ownership of data rights and interests between the platform and consumers;2.2.Reasonable judgment of the platform’s capture and use of consumer data;3.Identification of competition damages caused by abuse of consumer data on the platform.The third part is the legal analysis.First of all,introducing data abuse into anti-monopoly regulation is a response to the new situation of market competition in the era of platform economy and a correct decision based on the extension of consumer interests.Secondly,by comparing the regulation paths of different legislation,this paper points out the limitations of Chinese Civil Law and Personal Information Protection Law in protecting consumer data(also called consumer personal information),clarifies the rationality of regulating platform abuse of consumer data of anti-monopoly law,and limits the scope of application of anti-monopoly law.Finally,the relationship between platform abuse of consumer data and damage to consumers’ interests is expounded,and the direct and indirect damage caused by platform data abuse to consumers’ interests is expounded.The fourth part is the regulation dilemma.The antitrust regulation dilemma caused by abuse of consumer data on platforms mainly lies in the difficulty of identifying behavior and competition damage,the difficulty of quantifying the consequences of damage to consumers’ interests,and the realistic contradiction between data abuse and data privacy and security.The fifth part is countermeasures and suggestions.According to the discussion of the regulation dilemma in the fourth part of this paper,the corresponding optimization strategy is put forward: first,expand the elements of the anti-monopoly law to recognize the abuse of consumer data,and comprehensively identify the competition damage caused by data abuse;Second,construct a new idea of anti-monopoly regulation of data abuse,and carry out phased and market-oriented management of consumer data;Third,consumer data protection should be included in the law in order to make up for the shortcomings of the anti-monopoly law in regulating the abuse of consumer data by platforms.Define the subject of data authorization according to data classification,make the platform assume the active obligation of consumer data protection from the legal level,deepen the consumer’s cognition of data elements,promote consumer data protection and utilization from the perspective of both platforms and consumers,and guide the market to carry out benign and effective competition at the data level.