Research Of Algorithmic Price Discrimination From The Perspective Of Consumer Protection

Under the background of the rapid development of digital economy,algorithm technology has become the core development engine to lever the digital economy.Internet service operators collect and integrate consumers’ personal data information,and then conduct algorithm modeling based on the constructed data base.The application of the algorithm makes the Internet enterprises effectively obtain the consumer’s consumption level,consumption intention and other information,on this basis,constantly use the algorithm automatic learning model to capture the trace information of consumers to buy goods or services for dynamic data correction,and finally to different consumers for personalized differential pricing.The application of algorithm technology can improve economic efficiency to a certain extent,but at the same time,many problems can not be ignored along with the infringement of consumer rights and interests.With the emergence of more and more cases of infringement of consumers’ rights and interests by algorithm price discrimination behavior in practice,based on the basic orientation of consumer rights protection,it timely makes a positive response to the real problems in the field of new algorithm price discrimination,and analyzes the basic status quo and existing problems of the current entity norms.And continue to explore and resolve the algorithm price discrimination field of consumer rights and interests protection related issues.First of all,through specific judicial cases as guidance,map out the core issues of consumer rights and interests protection in the algorithm price discrimination field,and then clear the concept of algorithm price discrimination,extract the connotation,characteristics and causes of algorithm price discrimination,on this basis,further analyze and discuss the necessity of consumer rights and interests protection in the algorithm price discrimination field.Secondly,it summarizes and analyzes the current status of the entity norms of consumers’ right to know,independent choice and fair trade in the algorithm price discrimination field,and then analyzes the main problems in three aspects.First,the entity norms of consumer rights protection lack effectiveness;Second,the system supply is insufficient to regulate the price discrimination behavior of the algorithm;Third,there are multiple obstacles to consumer rights relief.Finally,this paper focuses on the developed countries in Europe and the United States with a problem-oriented perspective,draws lessons from their beneficial regulatory experience,and then puts forward the overall concept and specific suggestions for the protection of consumers’ rights and interests in the current algorithmic price discrimination field in China.The author believes that the overall solution framework should be clarified from a macro perspective,the synergistic effect of legislative regulation and marketization should be optimized,and a comprehensive regulation system should be built from pre-prevention to post-responsibility.From the micro level,the concrete improvement measures should be condensed to improve the effectiveness of consumer rights protection by improving the concrete entity norms of the protection of consumers’ right to know,independent choice and fair trade rights.To meet the demand of regulating price discrimination by algorithms,the paper establishes the algorithm filing,review and evaluation system and promotes the algorithm accountability system.By broadening the channels for consumer complaints and rights protection,optimizing the distribution of evidence,and improving the application of the public interest litigation system,the relief of consumers’ rights and interests is guaranteed.