Anti-monopoly Regulations For Big Data Operators To Abuse Dominant Market Position

With the continuous evolution of the digitization process,big data as an information asset with prediction as the core,can improve the innovation and productivity of enterprises.However,while the big data economy is booming,the situation that big data operators use market dominance and data advantages to exclude or restrict competition is prominent,which has seriously violated the normal market operation order.However,the anti-monopoly liability regulation under the background of traditional economic law often presents a helpless situation in dealing with such new problems.Because there is a legislative gap in the current legal norms on the behavior regulation of big data operators abusing their dominant market position,the judicial practice has not yet achieved the normative function preset by anti-monopoly law.In view of this,in order to alleviate the application obstacles faced by new disputes in the era of big data,it is necessary to clarify the specific problems existing in the abuse of market dominance by big data operators,and combine the accumulated judicial practice experience abroad to make clear legal regulations on the abuse of market dominance by big data operators in China.First of all,this paper expounds the basic theory of anti-monopoly regulation of big data operators’ abuse of market dominance,introduces the causes,types and harms of big data operators’ abuse of market dominance,and demonstrates the necessity of regulating the behavior of big data operators’ abuse of market power.Secondly,based on the status quo of anti-monopoly regulation of big data operators abusing their dominant market position,this paper summarizes the practical problems faced by China in regulating monopoly behavior of big data operators through analysis.The main problems are that the market definition is in trouble,the traditional relevant market definition methods fail,the big data operators’ dominant position identification criteria are vague,the market share and sales volume standards are difficult to apply to big data enterprises,the legal liability for abuse of market dominance is slight,the anti-monopoly law enforcement protection is insufficient,and the burden of proof is unreasonable.Thirdly,this paper analyzes the anti-monopoly regulation experience of foreign countries such as the United States,the European Union and Japan in terms of abuse of market dominance,and summarizes the beneficial enlightenment of China’s anti-monopoly regulation;Finally,this paper puts forward some suggestions to improve anti-monopoly regulation: In the judgment of abuse of market dominance,we should clarify the definition of the market related to big data operation,adjust the identification criteria of market dominance,and improve the provisions and contents of the anti-monopoly legal norms for abuse of market dominance;At the level of optimizing anti-monopoly law enforcement,we should strengthen the punishment of legal responsibility for abuse of market dominance,improve the regulatory form of big data operators,and establish a case guidance system to reduce the cost of proof for consumers by reversing the burden of proof.