An Analysis Of Personalized Pricing In The Digital Age

For the disputes and legal disputes caused by "big data killing",China only considered from the perspective of civil law and consumer protection law.In view of the current proliferation of personalized pricing in China and the practical needs in practice,and the current status of academic research on personalized pricing basically located in management and economics,in order to adapt to the wave of e-commerce and big data industry development,this article returns The essence of "data killing",that is,personalized pricing in the digital age,takes non-negative evaluation as the starting point,based on its dual impact to demonstrate the necessity of regulation,from the perspective of civil law and market regulation law,separately elaborating its regulatory dilemmas,and combining dilemmas to improve Space,redefined the regulatory path based on the market regulation law.In addition,this article also analyzes the illegality of personalized pricing in the digital age from the two starting points of maintaining the order of competition and protecting the interests of consumers,and puts forward corresponding suggestions for improvement.The article is divided into four parts:The first chapter gives an overview of personalized pricing in the digital age,and compares it with price discrimination,clarifies the connotation scope of personalized pricing discussed in this article,and analyzes the components of personalized pricing in the digital age.Operators in the digital age conduct analysis based on consumers ’browsing,collecting,placing orders,and evaluating behaviors during online transactions,collecting information on consumers’ price tolerance,consumption preferences,consumption habits,family composition,work attributes,etc.The overall image of the consumer is profiled to predict its further consumption behavior,and based on the profile and prediction,individualized pricing is made for different consumers,that is,different prices are set for goods of the same cost according to individual differences of consumers.In the digital era,personalized pricing requires the implementation of three major technical paths: user data acquisition,algorithm analysis,and effective separation of users.Online transaction forms also have unique attributes such as Internet monopoly effects and path dependence effects,which make their impact The scope is wider and the influencing factors are more complicated.The second chapter discusses the necessity and dilemma of the regulation of personalized pricing in the digital age.It has both positive aspects such as maximizing corporate interests and enhancing consumer experience,as well as negative aspects such as infringement of the right to know and other consumer rights,and damage to the market competition order.Based on its unique attributes that are different from offline consumption,negative effects are Zoom in,so there is a need for regulation.This chapter also discusses the applicable dilemma of civil law and market regulation law respectively.The limitation of civil law is obviously greater than market regulation law.Therefore,market regulation law is selected as the main regulation path of personalized pricing in the digital era.The third chapter punishes the purpose of reducing the negative effects of personalized pricing in the digital age,and analyzes the illegality of personalized pricing in the digital age based on the maintenance of competitive order and the protection of consumer interests,and explores the applicable path of interpretation under the framework of existing market regulations.Part of the personalized pricing behavior in the digital era can be regulated using the form of price discrimination in the antitrust laws that abuse market dominance.Personalized pricing in the digital era also meets the requirements of price fraud to a certain extent.The forth chapter discusses suggestions for improving personalized pricing regulations in the digital age.To solve the existing regulatory dilemma of personalized pricing in the digital age of China,it is necessary to establish a market regulation and regulation system with dual cores of antitrust law and consumer law.Market power behavior;on the other hand,we must take into account the right to know and the right to choose freely,establish an information disclosure system for the use of operator data,and apply the burden of proof.In addition,it is also necessary to improve the personal data protection system,refine the specifications in specific areas,strengthen industry self-discipline regulations,and optimize the design of supporting systems.