Research On The Behavior Of “Big Data Discrimininatory Pricing” From The Perspective Of Competition Law

In recent years,platform enterprises have developed rapidly in the context of relying on the Internet,big data,and modern information technology.A large number of platform enterprises have grown from scratch,from small to large.They have closely followed the footsteps of technological innovation,integrated traditional industries,and driven the transformation and upgrading of traditional industries.By continuously accelerating and updating the sharing and integration of resources,not only has Chinese economy entered a new stage of platform economy leading economic development,It has also promoted the high-quality development of the Chinese economy and given new impetus to market competition.However,while the platform economy is showing a good momentum of development,we have to admit that market competition will bring "by-products" at the same time,that is,unfair competition and monopoly.As resources increasingly converge towards a few enterprises and businesses pursue profit,the operational ecology of market competition needs to be paid attention to.Big data "killing off" is a byproduct of market competition in the platform economy field in recent years,which has been criticized by consumers and paid attention to by the Market Supervision Administration.Since being exposed by the media in 2018,both the theoretical and practical sectors have made unremitting efforts to legally,reasonably,and effectively regulate big data.In just the past March,the State Administration for Market Regulation issued an explanation on the acceptance of consumer reports and complaints in 2022,mainly focusing on a series of issues such as big data "killing off".The data shows that the price demands for online shopping have nearly doubled compared to 2021,with a quantity of nearly 110000 items.From this,it can be seen that the effective regulation of big data "killing off" still needs to be further explored,and regulatory measures are still expected to be discovered.This article is divided into four parts in addition to the introduction and conclusion.The first part is the legal definition of "big data killing" behavior.Firstly,introduce the technical implementation path of the "big data killing" behavior,and after gaining a certain understanding of the operating mechanism,analyze the behavior from the perspective of its connotation and behavioral characteristics.Finally,based on the adverse consequences of the behavior analyzed from an economic perspective,legally define the behavior from a competition law perspective.The second part analyzes the illegality of "big data killing" behavior from the perspective of competition law.Firstly,from the perspective of legal interests,the rationality of the competition law analysis of "big data killing" behavior is analyzed.Secondly,the competition law consists of the Anti monopoly Law and the Anti unfair competition Law.Therefore,the "big data killing" behavior and the difference in the applicable objects of the two laws when regulating this behavior should be analyzed from the constituent elements of the Anti monopoly Law and the Anti unfair competition Law.Finally,the difficulties in regulating this behavior in China are analyzed,mainly from three aspects: the need to refine specific rules in legislation,difficulties in promoting antitrust litigation in the judiciary,and insufficient professionalism in law enforcement.The third part is the legal regulation of "big data killing" behavior outside the region.The first section is the analysis of extraterritorial laws and regulations.The EU adopts consumer welfare judgment as the regulatory standard for antitrust against price discrimination,and has always taken a cautious attitude until a certain research result is obtained;Introduce a compliance system in the field of data,improve the transparency of data usage by operators from the perspective of infringing on consumers’ right to know,and introduce accountability mechanisms;The United States adopts the standard of social welfare as a whole to regulate price discrimination,and holds an attitude of tolerance and supervision to differentiated pricing behavior;No efforts have been made in information protection,but the use of operator algorithm technology has been regulated.Germany has taken into account the ability of operators to obtain data related to competition and their market dominance,expanded the target range to ordinary operators,and included intermediary platforms with sufficient data as regulatory targets for abusing market dominance.The second section is the inspiration for the legal regulation of "big data killing" behavior based on the current legal regulations outside the region.The fourth part is suggestions for improving the regulation of big data fraud in competition law.Firstly,it is necessary to include differential treatment in the new Anti unfair competition Law as soon as possible and refine the standards,reshape the positioning of competition in unfair competition,and issue judicial interpretation on refining the criteria for identifying acts of abusing market dominance;Secondly,antitrust law enforcement agencies should strengthen their team’s law enforcement capabilities and improve the mechanism for cultivating professional talents in universities;Thirdly,improve the trial quality and ability of judicial organs in competitive cases,and improve the public interest litigation system of procuratorates;Finally,enterprises should be guided to improve their compliance ability against unfair competition.