Research On The Regulation Of Algorithmic Price Discrimination In Antitrust Law

The change and development of data technology promotes the rise of the digital economy.Under the addition of algorithm technology and big data,price discrimination has realized the transformation from the second and third levels to the first level,that is,group discrimination to individual discrimination.In recent years,there have been frequent cases of "big data killing" among network platform operators,and the protection of consumers’ legitimate rights and interests is urgent.Rules and regulations regulating platform operators’ monopoly and abuse of market dominance have been introduced frequently,and the newly amended Anti-Monopoly Law on June 24,2022 can reflect the country’s emphasis on regulating operators’ monopolistic behavior in order to achieve the goal of digital China.The new Anti-Monopoly Law emphasizes that operators should not use algorithms to engage in monopoly behavior,but it still has some limitations and cannot better adapt to the current regulatory status of price discrimination by algorithms.In this context,the study of the core concept of algorithmic price discrimination and the application logic of the Anti-monopoly Law is of great significance for safeguarding the legitimate rights and interests of consumers,promoting healthy competition in the market economy and promoting institutional innovation.On the basis of collating relevant literature at home and abroad,this paper defines the core concepts of price discrimination,algorithmic discrimination and algorithmic price discrimination,analyzes the characteristics of algorithmic price discrimination and the necessity of regulation under the Anti-Monopoly Law,and summarizes the manifestations of algorithmic price discrimination in practice.In the application logic of the Anti-Monopoly Law of algorithmic price discrimination,the principle of its behavior is expounded.It also analyzes whether the relevant trading market of operators should be defined,whether the illegal subject must have a dominant market position,the factors that operators should consider when differentiating consumers,whether algorithm-based price discrimination should cause damage,and whether operators should not abuse legitimate reasons to defend,and improve the specific types and details of legitimate reasons.The improvement of the framework for determining the illegality of price discrimination in algorithms will promote the healthy development of social economy.Through the analysis of literature research method,this study concluded that in the legislative aspect of algorithm-based price discrimination,it is still necessary to define the transaction-related market,and the principle of case analysis should be adhered to,and the traditional testing of presumed monopolists should be improved.The illegal subject should have multi-faceted and multi-element consideration instead of just emphasizing the dominant market position.In terms of law enforcement and supervision of algorithmic price discrimination,law enforcers should adhere to the modest regulatory model and pay more attention to the self-regulation of platforms in supervision to make up for the regulatory lag problem of regulatory authorities.In the judicial aspect of algorithm price discrimination,the burden of proof should be improved to reduce the heavy burden of proof of consumers,and the plaintiff should be expanded to fight against the operator’s algorithm infringement.