Anti-monopoiy Regulation Of Big Data Price Discrimination In The Internet Platform Economy

The development of the Internet platform economy not only profoundly affects the economic operation,but also changes people’s lives.In the process,many problems have also arisen.Big data price discrimination is one of them that has been heatedly discussed.The act in the economic field of the Internet platform involves many legal and regulatory paths.This paper chooses the perspective of anti-monopoly law to explore the regulation of big data price discrimination by anti-monopoly law.This article starts with cases and analyzes the behavioral path of big data price discrimination,and believes that the big data price discrimination should be defined as price discrimination in the antitrust law.Big data price discrimination seriously damages the legitimate rights and interests of consumers and disrupts the order of market competition.In addition,the drawbacks of using the "E-commerce Law","Consumer Rights Protection Law"and "Personal Information Protection Law" to regulate are obvious.It is necessary to apply the anti-monopoly law to regulate it.However,the big data price discrimination,the particularity of the market involved,the concealment of the behavior itself,and the accuracy of user division make the anti-monopoly law’s regulatory process face many obstacles.This is mainly manifested in three aspects:the difficulty in defining the relevant market,the difficulty in determining the dominant market position of the operator,abuse of justifiable reasons and the increasing difficulty in private litigation.In response to the difficulties,this article believes that the antitrust law should first clarify the overall approach to the regulation of big data price discrimination in the Internet platform economy.On the basis of clarifying this overall path,optimize the definition of relevant markets by improving alternative analysis methods and the hypothetical monopolist test,clarify the criteria for determining market dominance by improving market share calculation method and the assessment of market entry barriers,define applicable standards of justification and strengthen consumer rights relief by reducing consumers’ burden of proof and improving the Internet platform economic anti-monopoly public interest litigation system.Through these measures,we will seek a way out for the regulation of big data price discrimination in the Internet platform economy.