Research On Competition Law Regulation Of Data Capture And Its Restrictive Behavior

Under the development of global Internet economy,data or information has played a pivotal role in economic development and competition as a new means of production.As the main body of the market economy,there are many disputes between enterprises around data as a means of production,which has led to a series of legal disputes and put the existing judicial system in China to a severe test.The Anti-Unfair Competition Law,as an important basis for the judiciary to resolve market economy disputes and maintain market economy order,has been challenged in its application in judicial practice.Based on the detailed analysis of typical cases related to data crawling and its restrictive behaviors,this paper clarifies that although the path of competition law regulation for data crawling and its restrictive behaviors is reasonable and necessary,the current judicial practice is ambiguous in terms of the ideas and criteria for determining the legitimacy of behaviors,which leads to the "general moralization" of the determination of the legitimacy of competition behaviors."Therefore,it is expected that the specific path of the Anti-Unfair Competition Law to regulate data competition behavior will be optimized through the introduction of economic efficiency evaluation standards and proportionality principles.The first chapter is a review of data capture and data competition.The first chapter is an introduction to the typical cases of data capture and data capture restriction in judicial practice and the author’s analysis and reflection on the cases.Due to the ambiguity of the criteria for determining the legitimacy of data crawling and its restriction in judicial practice,the understanding of the legitimacy of data crawling and its restriction is blurred.The second chapter elaborates the current status of the anti-unfair competition law on data crawling and its restriction.It discusses the necessity of adopting competition law to regulate data crawling and its restrictive behaviors by analyzing the shortcomings of the rights protection path and the rationality of the behavioral regulation path;on this basis,it summarizes and analyzes the judicial determination path of the courts on the justification of data crawling and its restrictive behaviors.The third chapter explains the shortcomings of the anti-unfair competition law for data crawling and its restriction.The main problems of the current competition law are: in judicial practice,there is a certain deviation between the courts’ understanding and application of legal provisions and the moral properties of the market,which leads to the "pan-moralization" of the determination of the legitimacy of the relevant competition behaviors;the protection of the data competition interests of data business controllers is "rights-based".The protection of the data competition interests of the data controller is "rights-based",which greatly hinders the circulation and sharing of data;and there is a lack of careful analysis and weighing of the market effects of the data competition behaviors of other operators in the judicial adjudication process.The fourth chapter puts forward suggestions for optimizing the anti-unfair competition law for data capture and its restrictive behaviors.Specific suggestions include: abandoning the "infringement" mode of characterization of behavior,taking the impairment of operator’s interests as the basic element of unfair competition instead of the only element;clarifying the connotation of business ethics and establishing a reasonable evaluation model of business ethics;incorporating the evaluation standard of economic efficiency into the determination of the nature of behavior in the Anti-Unfair Competition Law.The evaluation criteria of economic efficiency should be incorporated into the determination of the nature of conduct in the Anti-Unfair Competition Law,and the market economic effects caused by the competitive behaviors of other operators should be judged and measured substantially;the model of determining the legitimacy of conduct with multiple interest measurement should be constructed to deal with the conflict of interests among the interests of operators,consumers and social public interests,and the final assertion of the legitimacy or otherwise of conduct should be made.