The 2nd China-Korea Competition Law Frontier Forum was held at Seoul University on June 4, 2019. The forum was initiated by the Institute of Economic Law, School of Civil and Commercial Economic Law, China University of Political Science and Law. The conference was themed regarding “Protection of Competition Law on User Data”. Professor Liu Jifeng, Deputy Dean of the School of Civil and Commercial Economic Law, Professor Lai Xiaopeng from the Institute of Intellectual Property Law, and Professor Sun Ying from the Institute of Economic Law attended the conference. At the opening ceremony of the conference, Professor Liu Jifeng made a keynote speech. He first analyzed the challenges of data to modern law, and proposed that the challenges were comprehensive. Some of these challenges have already received a response from the law to some extent; some are under intense debate and their characteristics need tohave an introduction and asummary; and some data are cutting-edge and await further observation.
Professor Liu specifically mentioned that if the legal system is a culture, then the rules of cultural change need to be followed. Generally speaking, cultural change adheres to the "limited variation principle." Then, if this is used to guide the data's response to the challenges of traditional law, the possible path is limited improvement of traditional law, rather than creating a new legal department. For example, Big Data's "killing" behavior can maximize the producer's surplus from the perspective of the operator, and implement price discrimination against it from the perspective of the consumer. But is it “illegitimate”? From the perspective of data users, the use of data to make their own profits is determined by the nature of the enterprise. In the case where consumers still have service choices, whether the behavior is illegal or not, detailed analysis is needed.
The conference was divided into four units. The first unit was the development of Korean / Chinese competition law and policy in the digital age. In this session, under the auspices of Professor Sun Ying of China University of Political Science and Law, the weak possibility of abusing the dominant market position of the Internet market due to the dynamics and availability of data was discussed. In response to China’s “3Q” war, Professor Xu Guangyao proposed the concept of a trilateral market.
The second unit was “competition law in the sharing economy”. Professor HONG Daesik of the School of Law, Sejong University in Korea served as host, Professor HWANG Taehi of the Faculty of Law of Chengxin Women’s University, focusing on car sharing, analyzed the economic law issues in the sharing economy and business regulation, and, Professor Ye Ming of Southwest University of Political Science and Law expressed his views on the concept, principles and ideas of sharing economic competition regulations. KANG Seong, Chief Legal Officer of KAKAO in Korea, and Professor Lai Xiaopeng from China University of Political Science and Law proposed the data right base, the necessity and difficulty of establishing the right base.
The third unit was on “the plight of competition law in the platform economy”. Professor Chen Ronglong of Fu Jen University in Taiwan serves as the host and Professor CHOI Nansulhun, Yonsei University School of Law, analyzed the dilemma of competition law application in the platform economy from the perspective of dominance abuse. Prof. Yingying Wu of the Chinese Culture University of Taiwan discussed the application to community banksin competition law. Mr. JUNG Sungmoo, a partner of Korea’s Law Village, and Mr. Zhu Cuiying, a partner of Beijing Yingke Law Firm, elaborated their views based on the two professors’ speech.
The meeting strengthened the understanding of China and Korea on their respective systems, as well as their respective legislative ideas in the future, which provided a basis for further attention to relevant issues.