| In recent years,the phenomenon of "kill ripe" can be seen everywhere.Merchants recommend products they are interested in according to consumers’ past behaviors,and realize differential pricing to obtain the maximum profit.In response,the Beijing consumers’ association released a survey on big data “killing”.It found that more than half of the respondents had experienced “killing” of big data,and 88.32% of them believed that “killing” of big data was very common.Price discrimination is behind the phenomenon of “kill ripe”.In traditional economics,two similar products with equal marginal cost are sold at different prices,which is called price discrimination.Before many studies have focused on the condition of price discrimination,competition,in the research of its ultimate purpose is to understand the effects of price discrimination on social welfare,but in recent years due to the emergence of the Internet,businesses not only changed the sale mode,from physical stores to online sales,consumer spending patterns also changed,so the research has also gradually begin to pay close attention to the price discrimination and consumer behavior."Kill" phenomenon is a kind of price discrimination,but it is compared to a general sense of price discrimination has its new characteristics,first of all,it has more and more consumer information,including basic information,purchase information,browsing history,at the same time,it can fast and accurate analysis of consumer information,secondly it is in the consumer buying Behavior to second on pricing,achieve targeted,personalized pricing for consumers,we call this type of price discrimination is behavioral price discrimination(behaviors-based price discrimination,BBPD),behavioral price discrimination is defined as the behavior of enterprises to conduct accurate pricing based on the historical information of consumers’ past purchases.The ultimate purpose of this study is to understand the competitive effect of behavioral price discrimination of dominant enterprises,and then to put forward a legal framework for behavioral price discrimination by improving the existing methods of regulating price discrimination.The impact evaluation of price discrimination antitrust,one of the influential theory is Innes and Sexton(1994),Karlinger and Motta(2007),they point out that in terms of promoting competition,to operate in a particular market structure of oligopoly industry,price discrimination has intensified competition,but in terms of anti-competitive,due to price discrimination,the dominant firm can provide for limited segment of the market more competitive prices to effectively by other companies,so that the superior enterprises exclusive effect can be acquired at a lower cost.But through the following research has found that the competition effect of behavioral price discrimination at the point of view is different,behavioral price discrimination in terms of promoting competition,fully in line with the intensified competition this view,however,in terms of anti-competitive results with that view is different,who thinks the behavioral price discrimination does not change the existing market dominant position,change the market structure,so it’s not exclusive.Specifically,it is found in the research process that no matter under the pricing based on historical price or uniform price,the dominant position of the incumbent does not change in the face of entrants,so it has no impact on the competition results.But when found in a horizontal differentiation on the study of the consumer welfare perspective,when the existing enterprise faces new entrants,consumers under the unified pricing than in price discrimination based on the history of the total consumer surplus is higher,based on historical price discrimination policy will benefit the consumer,which means that the behavioral price discrimination to consumers have a potentially exploitative damage,that is to say,behavioral price discrimination to is a kind of exploitative price discrimination.In specific discussions,this paper firstly conducts theoretical analysis of behavioral price discrimination on the basis of existing literature on price discrimination,clarifies the concept and characteristics of behavioral price discrimination,and makes a detailed summary of behavioral price discrimination,so as to provide theoretical basis for the following.The competition advantage of enterprise is mainly studied behavioral price discrimination effect,mainly from vertical and horizontal differentiation perspective differences under the perspective of two aspects of research,found that behavioral price discrimination in the aspect of promoting competition intensified competition,in the aspect of anti-competitive not exclusive,but it has the exploitative potential damage for consumers.On the basis of the legal analysis of exploitative price discrimination,this paper puts forward the legal analysis framework of behavioral price discrimination and completes further in-depth analysis through cases. |
