Research On Algorithmic Price Discrimination From The Perspective Of Consumer Protection

With the widespread application of algorithmic technology in society,humans have gradually felt the tremendous benefits of technological progress for social development.However,if some operators make improper use of algorithmic technology,the rights and interests of various entities,including consumers,will be damaged,and it is necessary to regulate it.A full understanding of algorithmic price discrimination and the damage it causes to users’ rights to know,fair trade,and data is a prerequisite for enhancing vigilance and effective regulation.In order to effectively adjust algorithmic price discrimination,it is necessary to systematically organize existing rules and understand the root causes of the failure of existing rules in order to be targeted.We have classified the special rules for consumer rights that are closely related to and most closely related to consumer rights,and classified them into three major shortcomings.First,the Anti monopoly Law and the Consumer Rights Protection Law lack clear regulatory standards,and the principled and fundamental provisions related to algorithms are either too general and difficult to apply,or there are application restrictions that make it difficult to comprehensively regulate;However,targeted regulations are difficult to form a unified regulatory standard due to the limitations of legal hierarchy and applicable fields.Secondly,the lack of a unified regulatory department,and the lagging regulatory tools and means of law enforcement departments have led to difficulties in the regulatory mechanism to protect consumer rights and interests.Third,the unclear path for safeguarding consumer rights and interests,the high difficulty in providing evidence,and the difficulty in achieving consumers’ demand for replacement or compensation for damages have led to consumers encountering relief difficulties when encountering algorithmic price discrimination.After identifying its shortcomings,we can refer to the more mature market oriented regulatory approach in the United States and the comprehensive regulatory approach in the European Union to improve the existing regulatory approach.Firstly,it is necessary to organically integrate the mandatory nature of the law and the self-discipline function of enterprises,while protecting the rights and interests of consumers,strengthen the supervision of the industry,and regulate the behavior of operators using algorithms;In addition,two aspects of regulation should also be clarified: data and algorithm transparency and post facto accountability.Supervision in both aspects should not be generalized.Drawing conclusions from practice and using them as a starting point for improving China’s current legal system,and systematically constructing them,will be a necessary new way for China to regulate them.Specifically,through innovation in the way of determining market dominance,appropriate expansion of the scope of application of the main body of the Anti monopoly Law,and the addition of personal data rights and operator data protection obligations in the Consumer Law,algorithmic price discrimination has more accurate legal regulations,and consumer rights and interests have clear legal provisions to protect;Establish a unified regulatory department and algorithmic technology regulatory assistance system,establish a risk list of algorithmic price discrimination monopolistic behavior,to improve the efficiency of identifying and solving problems,conduct supervision in advance and during the event,and avoid the consequences of consumer rights and interests being damaged;By clarifying the channels for consumer complaints and initiating the inversion of the burden of proof rule,consumers’ rights and interests can be remedied after being infringed by algorithmic price discrimination.