Research On The Anti Monopoly Law Regulation Of Big Data Killing Maturity

In the context of the Platform economy,a large amount of data and digital technology have brought more insights to platform operators,allowing them to price consumers differently when they are close to their best willingness to pay.This may lead to Big data "killing",which constitutes price discrimination in the Anti monopoly Law,which not only seriously damages the legitimate rights and interests of consumers but also destroys the order of market competition.By analyzing the judicial cases of Big data "killing" behavior,this paper qualifies "killing" behavior from the perspective of law and economics,points out the necessity of using the Anti monopoly Law to regulate Big data "killing" behavior,compares the difference between Big data "killing" behavior and reasonable personalized pricing,and looks for an entry point for better regulation of Big data "killing" behavior,Although the anti-monopoly regulation method is beneficial to eliminate the "Big data killing"behavior in the digital field,it has shortcomings in dealing with the changing Internet market.First,the overall welfare standards in the antitrust field are facing failure in the era of Big data;Secondly,it is recognized that Big data is difficult to "kill"Relevant market,and that there is a dilemma in determining the dominant position of operators in the market;Finally,platform operators often use various reasons to defend the Big data "familiar killing" dispute in practice.For example,when implementing preferential policies for new users,they have neither clearly defined new users nor clearly stated the time period for giving preferential measures to new users.In order to overcome the above difficulties,this paper draws on the Relevant market theory of the United States and the "gatekeeper platform" rule in the EU’s Digital Market Law,and believes that the value orientation of giving priority to efficiency and giving consideration to fairness should be adhered to in the legislative purpose,and the analysis method of the competition framework should be optimized in the legislative content.It is necessary for the antimonopoly enforcement agencies to follow the different scenarios of "unilateral Relevant market","bilateral or multilateral Relevant market" and "across multiple Relevant market",Build a standard system for determining the dominant position of Big data "killing" behavior.In response to the disadvantaged position of consumers,it is necessary to clarify the criteria for determining the legitimacy of business operators and reduce the burden of proof on consumers.Finally,it is necessary to establish a collaborative algorithm governance system for the antitrust law,implement an information disclosure system for consumers,and improve the transparency of pricing algorithms,so as to relatively clearly recognize the unfair phenomena in algorithms.