An Analysis Of The Anti-monopoly Law Of New Price Discrimination Under The Background Of Big Data

Price discrimination is a pricing strategy widely existing in economic life and has a certain positive significance for improving the overall welfare of society.With the rapid development of the Internet,big data is on the stage of history.The hidden value behind big data is huge,and it will inevitably lead to huge changes in operators’ business models and marketing strategies.In the context of big data,this targeted marketing model on the one hand brings consumers personalized services and experiences to meet the needs of consumers at different levels;on the other hand,based on big data analysis,"dynamic pricing" "The model inevitably has suspicion of unreasonable price discrimination,which will violate market rules and objectively violate consumer rights.In the context of big data,price discrimination will no longer be limited to traditional frameworks,and new social phenomena such as "killing" big data have emerged.For example,the famous "Ctrip murder case","Amazon case" and so on.It is not difficult to see that in order to obtain excessive monopoly profits,these companies will use their monopoly positions to implement differential pricing for consumers when providing the same products or services,which will destroy the market and the free and fair competition order in the market.It will also bring a series of adverse consequences,such as hindering technological innovation and cutting consumer welfare.However,due to the particularity of the new price discrimination behavior in the big data environment,the traditional identification theory has encountered difficulties.Based on the analysis of the above difficulties,corresponding anti-monopoly regulations and recommendations were put forward.In addition to the introduction and conclusion,this article is mainly divided into four parts:In the first part,it mainly expounds the basic concepts of new price discrimination in the big data environment.It mainly introduces the formation process of the big data background and the basic concepts of traditional price discrimination,and explains the typical performance of new price discrimination in the context of big data,and then analyzes traditional price discrimination and new prices in detail.Discrimination in the context of big data.the difference.The second part mainly introduces the negative effects of new price discrimination in the context of big data.From three perspectives of consumers,operators and market competition order,the authors separately elaborated the negative impact of new price discrimination on the background of big data damaging the legitimate rights and interests of consumers and infringing on the competition interests of other competitors,undermining the order of competition.Improving antitrust laws and regulations is imminent.The third part looks at the characteristics of new price discrimination in the context of big data,the current dilemma of confirming the relevant market and market dominance,and the current law’s definition of "same conditions" is vague and general,which makes it impossible to deal with antitrust in practice.Law analyzes the operation and confusion of antitrust law responsibility one by one.In the fourth part,I put forward my own opinions and suggestions on the above difficulties.Aiming at the problem of relevant market definition in the context of big data definition,the viewpoint of reasonable dilution of the relevant market is put forward,and at the same time,innovative and improved methods are proposed to address the limitations of traditional identification methods.In addition,it analyzed how to clarify legal responsibilities from the perspective of civil law and administrative law,and put forward suggestions to strengthen supervision.