Research On Type-based Regulation Of Algorithm Personalized Pricing

With the development of the Internet economy and the maturity of algorithms,consumers have become inseparable from the Internet,and the behavior of personalized pricing algorithm has also attracted consumers’ attention.The algorithm personalized pricing first came into the public view with the disgraceful image of "big data killing".To pierce the veil of "big data killing",we need to objectively understand the new thing of personalized pricing algorithm.Algorithmic personalized pricing is the product of the development of the Internet economy.For operators,they can better understand consumers and provide targeted prices of goods or services,thus increasing revenue;For consumers,personalized pricing algorithm will also bring efficient and convenient experience.However,everything has two sides.The abuse of personalized pricing algorithm by operators has brought many challenges to market competition and consumer protection,and also caused regulatory difficulties.At present,most of the research on personalized pricing of algorithms takes the personalized pricing of algorithms as a whole,lacking the type of research mode,and the regulation mode is characterized by a ban.The adoption of a completely prohibited regulatory path can prevent consumer rights and interests from being damaged to the maximum extent,but it is very easy to cause excessive government intervention in the market and weaken the vitality of the market economy.Therefore,it is necessary to carry out typological research based on the harmfulness difference of personalized pricing algorithm,strictly follow the regulatory principle of matching countermeasures and problems,and comprehensively use legal and policy tools to take targeted regulatory measures.After clarifying the basic principles such as the characteristics and implementation path of personalized pricing of algorithms,and combining with the current regulatory situation of personalized pricing of algorithms,this paper examines the dilemma of "ban","general analysis" and "analysis based on the principle of reasonableness",and draws lessons from foreign experience,and puts forward the necessity of type regulation.Then,taking the difference of harmfulness as the classification standard,the personalized pricing of the algorithm is divided into ultra-high price,ultra-low price and general price,the harmfulness of each type is analyzed,and the regulatory suggestions are put forward according to the harmfulness.First of all,in the category of ultra-high price,the harmfulness is mainly monopoly and damage to consumer rights and interests.Therefore,in terms of regulation strategy,we choose to start from the level of anti-monopoly law and consumer protection law;In the category of ultra-low price,the harm mainly lies in unfair competition,so the way of regulating unfair competition is adopted;In general prices,the main harm lies in destroying consumer trust and thus hindering the development of the digital economy.Therefore,we choose the path to increase consumer trust,build consumer trust through the joint efforts of the government,operators and consumers,and promote the healthy and vigorous development of the digital economy.