Research on the Standard of Identifying the Abuse of Market Dominance in Data Enterprises  

作　　者：WEN Xinping 

机构地区：[1]University of International Business and Economics,Beijing,China

出　　处：《US-China Law Review》2023年第6期237-249,共13页美中法律评论（英文版）

摘　　要：The wave of globalization with data as the core of development is sweeping, and the digital trade accounts for a growing share of global cross-border trade. The new transformation of trade mode not only pours new impetus into the reform of international trade rules and system, but also brings new opportunities for the development of domestic digital trade. From an international perspective, some of the large-scale data-based internet enterprises outside the region have and abuse their dominant market position on the basis of their long-term data advantages, which not only stifles potential competition, but also seriously hinders the healthy and sustainable operation of relevant markets. From a domestic perspective, China’s Internet technology is rapidly developed in the digital economy era;abusing the dominant position of market has become one of the main ways to stabilize the development of data enterprises based on data in our country. By analyzing and studying the empirical cases of abuse of dominant market position by data enterprises in Europe and the United States, Chinese regulators can, in the practice of identifying abuse of dominant market position, first of all, dilute the connotation of “relevant market”;secondly, optimize the criteria for determining “market dominance”;thirdly, the identification standard of “abuse of market dominance” is formulated, so as to increase the theoretical and practical supply of anti-monopoly justice, accurately identify and combat the abuse of data market dominance, and safeguard stability of the digital economy market.

关 键 词：data market ANTI-MONOPOLY relevant market market dominance 

分 类 号：F42[经济管理—产业经济]