Research On Anti Monopoly Law Protection Of Consumer Data Privacy

In the context of the digital economy,the development of the new business model of the Platform economy has made consumer data privacy more closely linked to market competition.Consumer data privacy is not only an important factor of production for enterprises,but also a key to enhance their competitive advantage.Consumer data privacy has the dual legal attributes of personality rights and property rights.While becoming the object of competition,it also faces the risk of privacy infringement caused by improper competition.This has sparked discussions in theory and practice regarding the regulation of anti monopoly laws for data privacy protection.There are intersections between consumer data privacy protection and antitrust law regulations,and it is reasonable and necessary for antitrust law to protect consumer data privacy.Firstly,consumer privacy is increasingly closely related to market competition.This breaks the gap between the previous independent departmental laws on personal privacy protection and antitrust,and expands the perspective of legal research in the context of the digital economy era,providing a new direction for solving practical problems that arise in this era.Secondly,the protection of consumer data privacy under antitrust laws has external practical needs.The existing laws related to data privacy protection have limitations,and the principle of "informed consent" is not effective in practical operation,especially in the face of market structure defects,making it even more difficult to play a role.At the same time,according to the concept of private law infringement,there is insufficient relief for consumer privacy protection.Thirdly,the Anti Monopoly Law can effectively regulate the abuse of market dominance and concentration of operators by data platforms on the one hand,and on the other hand,it can address market deficiencies and deficiencies in relief measures by cultivating a competitive culture,adjusting market structure,and providing supplementary protection for consumer privacy protection through unique remedies.There are currently two theoretical paths to regulate consumer data privacy using antitrust laws: direct protection and indirect protection,but each has its own shortcomings.A compromise path that combines moderate correction and the advantages of both paths becomes a more optimal approach.On the other hand,adhere to the competitive analysis framework when analyzing specific antitrust behaviors.Even if a compromise path is adopted,there are still challenges in antitrust theory: existing price centered antitrust analysis tools cannot effectively handle non price dimensional competition issues,and data privacy is difficult to quantify,resulting in a lack of antitrust analysis tools to evaluate the competitive effects of data privacy;There are issues with outdated enforcement methods and potential conflicts in antitrust law enforcement.To incorporate consumer data privacy into the analysis framework of antitrust law,it is necessary to position and improve it on the existing basis.Clarify data privacy protection in the connotation of consumer interests,and provide protection basis at the macro level.Expand antitrust analysis tools and quantitative methods for data privacy,and develop and improve antitrust analysis tools for data privacy.In terms of specific rules,formulate collusion rules that prohibit the abuse of market dominance to infringe on data privacy,prohibit the reduction of data privacy to protect the concentration of operators,and prohibit the harm to data privacy.In addition,we will transform the methods of antitrust law enforcement and strengthen the law enforcement connection with other data privacy protection departments.