Regulationon on Data Access Restriction Behavior under Anti-monopoly Law
Data access restrictions may have consequences that harm competition.Data monopolists can rely on massive amounts of data to improve their products and services,to some extent continuing the maintenance of innovation within the market.However,implementing data access restrictions by monopolists may create barriers to market entry,hinder disruptive innovation from out-side the market,and harm competition and consumer welfare.The determination of the illegitimacy of data access restrictions should be based on competitiveness and the"necessary facilities clause"under the"transaction rejection"clause of the anti-mo-nopoly law.The determination of illegitimacy of data access restrictions should follow the path of"relevant market definition-con-trol of necessary facilities-transaction rejection-exclusion and restriction of competition".The regulation of data access restric-tion behavior also needs to be examined from a subjective perspective,namely whether the monopolist implementing data access restriction behavior sacrifices short-term profits for long-term exclusive benefits(i.e.suppressing competition),the competitive effect of prohibiting data access,and whether the monopolist's business reasons are sufficiently convincing.
data access restrictionsrefuse to dealessential facilities doctrineintent to monopolize teststructuralism theory
万方数据
维普
