Under the framework of layered data ownership,granting too much power to data control-lers may further monopolize data by super digital platforms,while simply empowering data users may hinder the realization of data circulation and utilization.The response to data monopolies should be struc-tured around the framework of production and circulation,with a focus on separately allocating data con-trol rights and data utilization rights to balance the dual objectives of orderly data circulation and efficien-cy.In the data production phase,data controllers should be required to open access to essential data.The assessment of competitive harm caused by refusing to open essential data should focus on three dimen-sions:horizontal foreclosure,vertical foreclosure,and innovation blockage.This should involve a com-prehensive evaluation of the legitimacy of two counterarguments:personal information and privacy pro-tection as a competition dimension,and the incentives of innovation and investment as the sources of dy-namic efficiency.In the data circulation phase,a"resource-collection-product"holistic approach should be adopted,with the legal personhood of data established,granting data sets a legal personality to con-struct a data legal entity system.This would promote competition in digital markets and improve con-sumer welfare.When mandating access to essential data and constructing a data legal entity system,careful conditions for use must be set up to avoid negative effects caused by over-application of the rules or system.
Data MonopolyData ProductionEssential DataData CirculationData Legal Entity
万方数据
维普
