The rationale and path of platform data monopoly compliance under the digital economy
Chen Jinglin
Law School, Southwest Minzu University
Abstract： The noncompetitive and non-exclusive nature of data elements is gradually alienated by the platform′s monopoly intention, and induces anti-competitive behaviours such as algorithmic conspiracy, big data kills maturity, and platform strangulation mergers and acquisitions. Based on the practical need to maintain the order of data market transactions, the jurisprudential support of competition advocacy theory, and the empirical reference of extraterritorial data compliance regulation, the platform data monopoly compliance has the feasibility and necessity of application. However, data monopoly compliance often fails to achieve the expected results due to the lack of top-level norms, vague rules and weak regulatory mechanisms. In this regard, the design logic of the Data Antitrust Compliance Guidelines should be refined to guide compliance, differentiate the ownership of different types of data in order to clarify the rules of data circulation, shape the evaluation criteria of data competition compliance based on different aspects of data circulation, connect the concepts of ex ante and ex post regulation to promote the innovation of regulatory concepts, and rely on the algorithmic technology of AI to empower the transformation of regulatory methods.
Key words : digital economy; platform data; monopoly compliance; data circulation; data ownership
