Abstract:

The intervention of data elements in market competition has brought new challenges to regulation. The traditional anti-monopoly analysis framework is challenged by the argument of data constituting the essential facility, the difficulty of dividing relevant market, the difficulty of measuring market power and the unnecessary premise of abuse. The problems brought about by unfair data competition, as well as the difficulties in discretion and relief, have challenged the existing anti-unfair competition regulation paradigm. To scientifically regulate illegal data competition, it is necessary to identify behaviors in combination with data influence, interests involved, and reasonable exclusion factors, effectively coordinate the anti-monopoly and anti-unfair competition regulatory mechanisms, and enrich the regulatory means of legislation, justice, law enforcement and other dimensions.

Key words: economic law, data competition, data monopoly, unfair data competition