Research On The Legal Regulation Of Algorithmic Price Discrimination In The Era Of Big Data

With the development of information technology,people are often affected by automated decisions made by algorithms.On the one hand,it improves the efficiency of personal daily online transactions,Makes daily life more convenient and at the same time makes people’s lives face greater risk of infringement.Especially in the field of e-commerce,the phenomenon of algorithm price discrimination appears.Algorithm price discrimination has the characteristics of concealment,wide influence range and difficulty in proving,which makes it easy to imagine the great damage caused by it and the difficulty of regulation.In the field of economics,price discrimination is only a pricing strategy used by operators to formulate business strategies,and it is a neutral emotional color.In judicial practice,in dealing with cases concerning price discrimination,some courts also reject the plaintiffs lawsuit request on the basis that the operator has pricing autonomy.However,in my opinion,there are several reasons to regulate algorithmic price discrimination.First,algorithmic price discrimination has great harm.For example,it infringes the legitimate rights and interests of consumers,undermines the stability of the Internet trading order and Destroy the Internet economy system.Secondly,the regulation of price discrimination based on algorithms has certain theoretical gist,for example,it accords with fairness doctrine and the tenet of honesty and good faith,and also helping to maximize the overall interests of the society.However,Through analyzing the present legislation and theoretical research of China,the current regulation algorithm price discrimination phenomenon has the following difficulties:First,the existing legal scope of application has certain deficiencies,"Anti-monopoly Law","Price Law","Electronic Commerce Law" and other legal provisions have certain difficulties in application;Secondly,there are some difficulties in the practice of algorithmic price discrimination,such as the identity of trading time and the identification of the same trading conditions.Third,the regulatory system of algorithmic price discrimination is not perfect,and the regulatory subject and regulatory methods of algorithmic price discrimination are not clear in Chinese laws.Fourthly,the accountability mechanism of algorithmic price discrimination is defective.For example,it is ambiguous on the scope of the person responsible,the way of responsibility bearing and the burden of proof of algorithmic price discrimination.In view of the dilemma of the above regulation algorithm price discrimination,I think the following measures should be taken to perfect:First,extend the sphere of application of existing laws,especially to include consumers into the scope of implementation of price discrimination in the Anti-monopoly Law and the Price Law;Secondly,the boundary of price discrimination is clarified.For example,accurately grasp the legal nature of algorithm price discrimination,strictly identify the components of algorithm price discrimination and so on;Third,improve the regulatory system of algorithmic price discrimination,distributing the terms of reference of relevant organizations,improve their own regulatory technology level,broaden the regulatory channels of algorithmic price discrimination and so on;Fourth,improve the accountability mechanism of algorithmic price discrimination.I advise we should adopt the principle of no-fault liability,strictly allocate the scope of liability between relevant subjects of algorithm price discrimination,reasonably determine the compensation standard for consumers,and encourage professional cooperation between legal personnel and technical personnel.