Protection Of Consumer Rights And Interests In Algorithmic Price Discrimination

Algorithmic price discrimination refers to shopping activities carried out on the Internet,where merchants widely collect consumer information,and then use algorithms to set different prices according to different characteristics of consumers,such as gender,income,mobile phone brand,etc.By analyzing the characteristics of algorithmic price discrimination,the harm to consumers and the imperfections in the current legal protection,this thesis puts forward suggestions for strengthening the protection of consumer rights and interests in algorithmic price discrimination.The first part of this thesis discusses the characteristics of algorithmic price discrimination and the harm to consumer rights and interests.Algorithmic price discrimination is hidden,targeted and inevitable.The harm of algorithmic price discrimination lies in the direct infringement of consumers’ substantive rights,and indirectly infringing on consumer rights due to damage to competition.Algorithmic price discrimination violates consumers’ right to know,and although the right to know stipulated in the Consumer Law does not specify its content including the principle of merchant pricing,consumers’ rights and interests are essentially damaged because they do not know the relevant information of algorithm pricing.Algorithmic price discrimination also violates consumers’ right to fair trade,because merchants need to give some consumers low prices to attract customers,but this part of the cost is borne by other consumers paying high prices.Algorithmic price discrimination also endangers the security of consumers’ personal information,and merchants need to collect massive user information before the algorithm sets the price,and a large part of this information is obtained without the permission of consumers,resulting in an increased risk of consumers’ personal information leakage.Algorithmic price discrimination will also cause harmful competition between operators,and the operators whose ultimate interests are damaged need to obtain benefits from consumers,which indirectly harms the interests of consumers.The second part of this thesis discusses the dilemma of consumer protection under algorithmic price discrimination in China.At this stage,there are many problems in the consumer protection system in algorithmic price discrimination.Firstly,the corresponding laws and regulations are not perfect,including the unclear scope of consumers’ right to know,the difficulty in protecting the right to fair trade,and insufficient protection of consumer data rights.Secondly,according to existing cases,consumers have rarely filed lawsuits against algorithmic price discrimination,and few can win lawsuits,and consumers often fail to defend their rights because of difficulties in providing evidence and lack of relevant knowledge.Thirdly,the problem of difficult supervision of relevant departments,the emergence of algorithm price discrimination is both sudden and complex,it involves the responsibilities of multiple administrative departments,the supervision subject is not clear,and the relevant personnel lack the understanding of big data algorithms,and the supervision method is backward.The third part of this thesis analyzes the practices of the EU and the United States in the governance of algorithmic price discrimination,and summarizes the experience that China can learn from,that is,to confirm consumer data rights,protect remedies,and improve the regulatory system.The fourth part of this thesis puts forward specific suggestions for consumer protection in terms of algorithmic price discrimination,that is,to form a multi-party joint governance.In terms of legal improvement,the content of consumer rights in the Consumer Law will be added to broaden the scope of the right to information;In terms of supervision,clarify regulatory authorities and responsibilities,improve regulatory rules,and innovate regulatory methods;Reverse the burden of proof and improve public interest litigation in terms of securing consumer remedies.This set of "combination punches" can effectively curb algorithmic price discrimination to a certain extent.