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The Frontiers of Society, Science and Technology, 2023, 5(2); doi: 10.25236/FSST.2023.050210.

Research on Regulation of Data Capture Behavior from the Perspective of Anti-Unfair Competition

Author(s)

Fan Xu

Corresponding Author:
Fan Xu
Affiliation(s)

Anhui University of Finance and Economics. Bengbu, Anhui, China, 233000

Abstract

With the continuous infiltration of big data into our lives, data has become an important asset, and data capture behavior has gradually become a new business model for enterprises. Disputes about data capture also keep appearing. For whether data capture behavior violates business ethics, judicial practices often regulate this behavior according to Article 2 of the Anti-Unfair Competition Law. However, this regulation method has some problems, such as unclear ownership of data, inadequate relief of operators' rights, and lack of administrative supervision. Based on this, Article 2 of the Anti-Unfair Competition Law should be clearly interpreted to give consideration to data characteristics and competition effects, and improve the administrative supervision system of data protection, so as to establish a fair and just order of data competition.

Keywords

Data capture behavior, Market order, Anti-unfair Competition Law

Cite This Paper

Fan Xu. Research on Regulation of Data Capture Behavior from the Perspective of Anti-Unfair Competition. The Frontiers of Society, Science and Technology (2023) Vol. 5, Issue 2: 54-60. https://doi.org/10.25236/FSST.2023.050210.

References

[1] Long Weiqiu. On the Path of Property Rights in Enterprise Data Protection [J]. Oriental Law, 2018(3).50-63.

[2] Xue Qiyu. Regulation Path of Data Unfair Competition among Internet Enterprises [J]. Journal of Shantou University (Humanities and Social Sciences Edition), 2018, 34(12):62-68.

[3] Yang Dong, Zang Junheng. Difficulties and Breakthroughs in Competition Regulation of Data Production Factors[J]. Journal of National Prosecutors College, 2020, 28(06):143-159.

[4] Zhang Shouwen. The perfection of anti-monopoly Law: Positioning, orientation and rule [J]. ECUPL Journal, 2020,23(02):6-16.

[5] Zhou Wei. The regulation of algorithm collusion in antitrust law [J]. Law Science, 2020, (01):40-59.

[6] Gao Jiancheng. Determination of Illegality of limiting data capture-from the perspective of American interference Tort Theory[J]. Law and Economy, 2022,(06):81-95.

[7] Jiang Fan. The ideological basis and value consensus of competition law [J]. Modern Law Science, 2019,41(02):137-146.

[8] Shi Jianzhong. The extension of common market dominance regime is applicable to the study of algorithmic implied collusion [J]. China Legal Science, 2020,(02):89-107.

[9] Yin Jiguo. Big data operators abuse their dominant market position [J]. Studies in Law Business, 2020,37(04):73-87.

[10] Wang Xiaoye. Some considerations on the revision of our Anti-monopoly Law [J]. Law Review, 2020,38(02):11-21.

[11] Sun Jin. The realistic Significance of Establishing the Basic Position of Competition Policy in the New Era and Its Legal Realization-Discussing the amendment of the Anti-Monopoly Law[J]. Tribune of Political Science and Law, 2019, 37(02):3-12.