关键词: 数据; 隐私; 数据保护; 非价格竞争; 反垄断法

Abstract: Given the competitive importance and personality of personal data， the intersection of privacy protection and regulation of anti-competitive practices has become a contentious issue in recent years. In the digital economy， the level of privacy and data protection is an important non-price competition factor. The reduction of privacy and data protection may give rise to competition damage and harm consumer welfare. As a result， it has theoretical and legal bases to apply the anti-monopoly law to analyse and assess the level of privacy and data protection. When assessing privacy and data protection within the anti-monopoly law， the attitudes of consumers to privacy and data protection should be analysed seriously. Whether operators compete with each other on the level of privacy and data protection they offer should also be given proper consideration. Privacy and data protection rules should be internalised within the anti-monopoly analysis framework and referred to as criteria for the assessment of relevant conducts.

Key words: data; privacy; data protection; non-price competition; anti-monopoly law