Research On Anti-Monopoly Law Regulation Of "Big Data Killing” Behavior

The innovation and development of digital economic platforms have made social and economic development more efficient and improved the quality of public life.However,the appearance of anything has two sides,and similar algorithm-related issues such as the "big data killing" behavior in the digital economy platform have repeatedly caused a wave of public opinion.For example,platform operators such as Ctrip and Meituan use big data to analyze consumers’ spending power and willingness to pay,and then conduct unreasonable differential treatment on this basis.The public generally believes that “big data killing” violates their own rights and interests.This kind of "killing" behavior is not in line with traditional trading habits,so it should be regulated by law.The behavior of "big data killing" not only needs to be regulated by the "Anti-Monopoly Law",but may also violate the "E-commerce Law","Personal Information Protection Law","Consumer Rights Protection Law" and other departmental laws.However,the "Anti-Monopoly Law" The Law is the basic tool to regulate the behavior of "big data killing".Therefore,in the framework of anti-monopoly law,this paper discusses the behavior of "big data killing" carried out by operators with dominant market positions as the research object,and optimizes the regulatory path of anti-monopoly law in the context of the digital economy.This paper starts with the definition and characteristics of "big data killing"behavior,and defines the "big data killing" behavior by analyzing the relationship between the platform,data and algorithm,and the "anti-monopoly law" regulates "big data killing" Conduct legal analysis of behavior,and on this basis,discuss the regulatory dilemma and optimization of regulatory path of "big data killing" behavior within the framework of anti-monopoly law.The behavior of "big data killing" is regulated by the Anti-Monopoly Law,which is in line with the legislative purpose of Article 1 of my country’s "Anti-Monopoly Law",which can not only protect the legitimate rights and interests of consumers,but also prevent disrupting market competition;in addition,the "Anti-Monopoly Law" The Anti-Monopoly Law is a basic regulatory tool for the abuse of market dominance by digital economic platforms,and it is legitimate and reasonable to regulate the "big data killing" behaviors carried out by operators with dominant market positions.Based on the legal basis analysis of "big data killing" behavior,through the analysis of anti-monopoly legal norms and law enforcement supervision of "big data killing" behavior,the practical dilemma of "big data killing" behavior anti-monopoly law regulation is sorted out.From the perspective of anti-monopoly legislation,the provisions on differential treatment in the Anti-Monopoly Law need to be further explained.First,it is difficult to determine the market dominance of the “big data”actors,the particularity of the data-related market and the impact on the nature of data competition.Neglect has led to challenges in the traditional determination of market dominance;second,the defense reasons for the behavior of "big data killing" are abused,the anti-monopoly law and other regulations are not clear enough about "justifiable reasons",and judges in judicial practice also have more power.Large discretion can easily lead to the abuse of defense by operators.From the perspective of anti-monopoly law enforcement and supervision,there is a lack of external supervision and platform enterprise compliance mechanisms for the behavior of "big data killing".Aiming at the aforementioned regulatory dilemma,this paper optimizes the anti-monopoly law regulatory path for the behavior of "big data killing" to adapt to the new characteristics of digital economic platforms.The first is to break through the shackles of the traditional anti-monopoly regulatory framework,combined with the new characteristics of the data market and digital economy platforms,to clarify the criteria for determining the market dominance of "big data" actors;To prevent the abuse of the use of defense by operators;finally,it is necessary to improve the supervision mechanism for "big data killing" behavior,not only to improve the external supervision mechanism,but also to strengthen the compliance management mechanism of digital economy platform operators.In short,legal regulation should not be too passive and should keep pace with the times.The same is true of the anti-monopoly law’s regulation of "big data killing".The "big data killing" behavior arises from the application of algorithms in the context of the big data era.The anti-monopoly law cannot ignore the technical characteristics of the "big data killing" behavior.It must be combined with traditional anti-monopoly laws and regulations,as well as practical difficulties.Optimize the regulatory path for "big data killing" behavior.