Regulation Of Anti-Monopoly Behavior Of Abusing Big Data And Algorithmic Advantages

With the vigorous development of big data and algorithm technologies,internet companies have used these advantages to more closely connect the production and consumption of goods,while quickly responding to personalized consumer demands and improving economic efficiency.However,this has also brought the risk of market monopolies through the abuse of big data and algorithm advantages.This not only damages consumer rights but also restricts market competition,suppresses technological development and innovation,and ultimately harms economic efficiency and fairness,posing a potential threat to China’s long-term economic and social development.In this context,in recent years,various countries and regions have increasingly attached importance to anti-monopoly regulations against the abuse of big data and algorithm advantages,and China has also launched governance measures for internet platform companies,but many problems have arisen.How to prevent monopoly abuses while promoting the healthy development of internet platform companies has become an urgent issue that needs to be re-examined,reorganized,and systematically studied.Based on this,this article starts with general theories.Chapter one clarifies the concept and legal nature of the abuse of big data and algorithm advantages,analyzes the types of this behavior,and clarifies its competition law attributes under China’s anti-monopoly legal system.Chapter two reviews the current situation of China’s anti-monopoly regulations against the abuse of big data and algorithm advantages in recent years.Through analyzing the antitrust enforcement and judicial situations in the past three years,it was found that the existing anti-monopoly identification standards and frameworks were ineffective and it was challenging to judge the illegality of the abuse of big data and algorithm advantages.In terms of enforcement,algorithm technology development and the connection between new and old laws in China have also posed certain challenges.Chapter three analyzes the regulation models adopted by the United States and the European Union and finds that after years of practice exploration,both have included the digital economy in their anti-monopoly system and adopted targeted legislation:the United States has promoted legislation improvement through a series of litigation activities,finding a balance between regulating abusive behavior and maintaining the development of platform enterprises;while the European Union,with no large platform companies of its own,has adopted the reconstruction of antitrust law to respond to regional challenges.Chapter four,based on the experience and lessons of European and American anti-monopoly practices in the digital economy,proposes a path choice for regulating the abuse of big data and algorithm advantages that is suitable for China’s national conditions:first,innovative analysis tools should be developed based on existing anti-monopoly legislation,incorporating digital market factors,clarifying the basic principles of digital economy anti-monopoly and competition policy;second,supporting the development and publication of technical guidelines for digital economy anti-monopoly,clearly defining attitudes and identification of relevant markets and market dominance,and using reasonable principles and introducing the standard of abusive relative advantages to judge abusive behavior;third,supporting the digital economy anti-monopoly guidelines to uniformly clarify the basic principles of reasonably utilizing big data and algorithm advantages in the big data and algorithm fields,and improving the ownership attributes of algorithms to determine competition policy on this basis;fourth,constructing a multi-departmental collaborative regulatory mechanism that integrates competition governance and industrial promotion,combining pre-event,during-event,and post-event supervision to promote enterprises to establish sound compliance mechanisms.Finally,it is proposed that the construction of talent teams and international cooperation and exchange should be accelerated,and the integration of the digital economy into China’s anti-monopoly regulatory system should be achieved,which would facilitate technological innovation and healthy competition among big data and algorithmic enterprises and promote the healthy and stable development of China’s internet industry.