中圖分類號：D922.29文獻(xiàn)標(biāo)識碼：ADOI:10.19358/j.issn.2097-1788.2025.12.010引用格式：李佐. 數(shù)據(jù)競爭行為的類型化重構(gòu)及其規(guī)制因應(yīng)［J］.網(wǎng)絡(luò)安全與數(shù)據(jù)治理，2025，44（12）：69-74,82.

The typological reconstruction of data competition behaviors and the regulatory responses

Abstract： Confronting the disorder in the data market, competition law must establish a typology of data competition behaviors as a prerequisite for implementing differentiated and targeted governance. The traditional dichotomy of "unfair competition and monopoly" is illsuited to the complexity of data competition behaviors and fails to meet the practical needs of data governance. Based on the data production process, data competition behaviors can be categorized into two stages: acquisition and use. The acquisition stage includes obtaining data from businesses, collecting user data, and refusing data access. The use stage encompasses exclusive data use, datadriven selfpreferencing, and algorithmic price discrimination. Accordingly, a regulatory philosophy of tolerance and prudence should be established: emphasizing data circulation during the acquisition stage to foster development through tolerance, and prioritizing rights protection during the use stage to mitigate risks through prudence.

Key words : data competition behavior; commercial data terms; AntiUnfair Competition Law; AntiMonopoly Law