关键词: 数字剥削性滥用, 社会溯因, 反垄断损害, 反垄断执法, 规范裁量

Abstract: As an organized superpower, the rise of digital technology demonstrates a very strong technological backlash on society, which not only strengthens the shielding of material relationships from human relationships, but also exacerbates the trend of technology giants exploiting attention and data from other social groups under the illusion of contractual freedom. Due to the limitations of the current anti-monopoly legislative system and the limited enforcement resources, the anti-monopoly enforcement agencies have adopted a typical utilitarian approach to digital exploitative abuse, either selectively ignoring or arbitrarily using discretionary methods and benchmarks. The case discretion shows significant irregularity, further amplifying the exclusion effect of digital exploitative abuse on the social system and undermining the public’s normative expectations for the operation of anti-monopoly laws. The enforcement of anti-monopoly laws on digital exploitative abuse should be subject to three limitations: market forces, anti-monopoly damage, and recognition standards. The development of the regulatory discretion is an important path for anti-monopoly laws to respond to the enforcement challenges brought about by digital technology changes and improve enforcement efficiency. This requires a change in mindset, adding new elements of damage, establishing a formal case screening mechanism, and ultimately achieving the simultaneous development of cases of digital exploitative abuse and exclusive abuse. We still need to change the path, clarify the value calculation method of attention and data, and identify comparable products, periods, and geographic markets through comparative price differences, scientifically matching judgment benchmarks for attention and data exploitation.

Key words: digital exploitative abuse, social tracing, anti monopoly damage, anti monopoly enforcement, standardized discretion