平台滥用数据优待自营业务的法律规制

Legal Regulation of Platform Abusing Data for Giving Preferential Treatment to Self-Operated Business

当前,我国平台市场已出现大量平台自营业务与他营业务共存的现象。域外亚马逊案件揭示,集数据竞争优势和数据权益为一身的平台极易出现滥用数据优待自营业务的情形。为避免平台市场竞争失序与竞争活力受损,影响实质公平与动态效率,我国对平台滥用数据优待自营业务的行为予以法律规制实属必要。然而,结合我国市场竞争领域现有的制度规范来看,立法对平台滥用数据优待自营业务的行为予以有效规制的可行性仍有待提高。为从源头上回应平台滥用数据优待自营业务的反竞争行为对法律规制造成的挑战,可按照事前防范为主、事后惩戒为辅的思路,从明晰平台数据竞争优势的合理利用范围,厘定平台数据权益的法律保护边界,指引平台自营业务的数据合规,确立市场结构和竞争过程的多重规制模式四个方面寻求法律制度的完善,以顺应平台经济领域法治实践发展之所需。

At present,China's platform market has appeared a large number of platform self-operated business and other business coexistence phenomenon.The case of Amazon abroad reveals that a platform integrating data competi⁃tive advantage and data rights and interests is prone to abuse data to favor proprietary business.In order to avoid the disorder of competition and competitive vitality in the platform market,and affect the substantive fairness and dynamic efficiency,it is necessary for China to regulate the abuse of platform data for self-management business by law.How⁃ever,combined with the existing system norms in the field of market competition in China,the feasibility of legislation to effectively regulate the abuse of data and give favor to self-operated business on platforms still needs to be im⁃proved.In order to respond to the challenges caused by the legal regulation caused by the anti-competitive behavior of the platform abusing data for preferential treatment of self-run business from the source,the system can be improved according to the idea of prevention in advance and punishment after the event.In order to meet the needs of the devel⁃opment of legal practice in the field of platform economy,the relevant systems can be improved from four aspects:clari⁃fying the reasonable utilization scope of the competitive advantages of the platform data,determining the legal protec⁃tion boundary of the platform data rights and interests,guiding the data compliance of the platform's self-run business,and establishing the multiple regulatory mode of market structure and competition process.