Research On Legal Regulation Of Data Monopoly Of Internet Platform Enterprises

In the era of the digital economy,data has transformed from secondary products generated by enterprises in the production process to key resources that enterprises compete for.Single and fragmented data integration has become valuable information resources,and has an indispensable position in economic development.Under this background,Internet platform enterprises relying on data resources have emerged as the times require.On the one hand,platform based enterprises have become an important driving force for economic development by maximizing the value of data resources,but on the other hand,they have also brought about data monopoly issues,The negative externalities brought about by these monopolistic behaviors,such as harming the rights and interests of users,disrupting the market competition order,and weakening the vitality of market innovation,have seriously hindered the development of the digital economy,Since 2020,China has continuously strengthened its antitrust supervision on Internet platforms,In 2021,the Anti monopoly Committee of the State Council issued the "Anti monopoly Guide in the Field of Platform Economy"(hereinafter referred to as the "Anti monopoly Guide"),which aims to solve the monopoly problem of Internet platform enterprises.In many places,it mentions the importance of data for the determination of market power of platform enterprises,and proposes corresponding optimization strategies for the regulation of data monopoly issues on Internet platforms,The newly revised "Anti monopoly Law of the People’s Republic of China"(hereinafter referred to as "Anti monopoly Law"),which came into effect on August 1,2022,also mentions the importance of data for the determination of market dominance,and specifies the need to strengthen attention to data monopoly behavior.However,the above relevant legislation has only made general provisions on the regulation of data monopoly phenomena in Internet platform enterprises,which is not highly operational,and the construction of specific rules still needs to be promoted.Therefore,this article takes the legal regulation of data monopoly behavior of Internet platform enterprises as the research object,using various research methods such as literature research,case empirical analysis,and comparative analysis,through analyzing the specific difficulties faced by the current Anti monopoly Law and supporting relevant laws and regulations in regulating data monopoly behavior of platform enterprises,as well as the legislative experience of overseas countries and regions in regulating data monopoly phenomenon on platforms,Further,in view of the shortcomings of China’s anti monopoly law system in regulating data monopoly issues in platform enterprises,specific improvement plans are proposed.The main content of the article includes the following parts:The first chapter is the introduction.This chapter analyzes the research background of the legal regulation of data monopoly of Internet platform enterprises,clarifies the specific research purpose,the theoretical and practical significance of the research and the specific research methods adopted,combs and analyzes the research results of domestic and foreign scholars on the legal regulation of data monopoly of Internet platform enterprises,and excavates the research space of the legal regulation of data monopoly of Internet platform enterprises,Provide theoretical support and specific research ideas for the following writing.The second chapter is the basic theoretical research on data monopoly of Internet platform enterprises.On the basis of defining and analyzing the concepts and characteristics of Internet platform enterprises,data related theories,data monopoly and data monopoly of Internet platform enterprises,this chapter analyzes the three specific forms of monopoly in the data monopoly phenomenon of internet platform enterprises under the framework of the Anti Monopoly Law,as well as the causes and necessity of regulating the data monopoly behavior of internet platform enterprises to consolidate the theoretical foundation for further research in the following text.The third chapter is the analysis of the difficulties in the legal regulation of data monopoly of Internet platform enterprises in China.This chapter analyzes the difficulties of the current legislation in regulating the three monopoly behaviors,namely,the new monopoly agreement generated by the superposition of data and algorithms between enterprises on the Internet platform,the abuse of market dominance based on data,and the data-driven concentration of operators,by combing the Anti-monopoly Law,the Anti-monopoly Guide on the Platform Economy and other relevant laws and regulations.At the same time,typical cases are selected for analysis to provide a specific entry point for the study of how to improve the legal regulation of Internet platform enterprises in China.The fourth chapter is a comparative analysis of the legal regulation of data monopoly of enterprises in foreign Internet platforms.This chapter summarizes the advanced experience of the United States,the European Union,Germany and Japan in dealing with the legal regulation of data monopoly of Internet platform enterprises by combing and analyzing the legal documents of the United States,the European Union,Germany and Japan in regulating the data monopoly of Internet platform enterprises,and provides good extraterritorial experience for the proposal of specific ways to improve the legal regulation of data monopoly of China’s Internet platform enterprises.The fifth chapters about the improvement of the legal regulation path for data monopoly of Internet platform enterprises.This chapter combines the existing problems and shortcomings of China’s current Anti monopoly Law and related supporting laws and regulations on the legal regulation of data monopoly in Internet platform enterprises proposed in chapter 4.Based on the experience of foreign legislative regulation,it mainly focuses on the definition of relevant markets,legal regulation improvement methods for monopoly agreements under legal collusion Based on specific approaches such as improving the legal regulation of data abuse and data driven concentration of business operators,specific suggestions are proposed to improve China’s current "Anti monopoly Law" to regulate data monopoly behavior of Internet platform enterprises.