Research On The Legal Regulation Of Price Discrimination In The Big Data Environment

The development of big data technology has changed the traditional transaction methods.These increasingly automated transactions can create a more effective and transparent market environment,thereby realizing the optimal allocation of resources,which is conducive to the rapid development of the economy.However,the application and development of big data technology has also spawned some undesirable market phenomena,and price discrimination is a typical representative among them.When platform operators provide consumers with the same trading conditions with the same products or services,they classify and label consumers based on the large amount of consumer-related personal data they collect,so as to set different prices and carry out personalized promotions for different consumers Activities,the implementation of price discriminatory behaviors,and grabbing illegal benefits.Price discrimination under the big data environment will not only excessively exploit consumer surplus and infringe on consumers’ legitimate rights and interests,but also hinder the healthy and orderly development of the market.There is obvious irrationality and must be explicitly prohibited.However,price discrimination under the big data environment has strong concealment and complexity,and it is difficult for consumers to detect and protect themselves.The current regulatory methods also have shortcomings,and their regulatory paths need to be further optimized.The price discrimination behavior in the big data environment is significantly different from the price discrimination behavior under the traditional definition.Operators do not need to have a dominant market position.Consumers are more easily broken down and the impacts are more complicated.It is no longer applicable to the AntiMonopoly Law.The "Electronic commerce law" aims to adjust and resolve the conflict of rights and obligations between operators and consumers in the process of online transactions,and to maintain fairness and security of market transactions.As a derivative of the Internet economy,price discrimination in the big data environment falls within the scope of regulation of the "Electronic commerce law".Therefore,the "Electronic commerce law" is a better way to regulate big data price discrimination.However,the "Electronic commerce law" also has its shortcomings in its application,and it is difficult to effectively connect with the big data price discrimination in practice.Therefore,it is necessary to use the basic provisions of the "Electronic commerce law" as a broad framework to conduct a more detailed study on specific regulatory paths,and summarize and explore the specific elements of price discrimination in the big data environment.In addition,according to the general operating process of price discrimination in the big data environment-information collection,data analysis,feasibility recommendations are made from the protection of consumer personal data and algorithm regulation.Increase the protection of consumer personal information and data,further improve the principle of informed consent,and adhere to the principle of transparency in personal information data collection and the principle of personal information data collection purposes.It is strictly forbidden for operators to unreasonably collect consumer personal information and data.Improve algorithm control in the big data environment,strengthen algorithm disclosure control,improve anti-algorithm discrimination regulations and improve supervision techniques to prevent operators from illegally using algorithms.Price discrimination in the big data environment has become a common illegal behavior in the market economy,which has very unfavorable consequences for individuals and society,and must be strictly controlled to form a legal,orderly and healthy market environment.