Research On Legal Regulation Of Algorithmic Pricing Discrimination

The rapid development of algorithmic technology has promoted the vigorous rise of the digital economy.On the one hand,rational use of algorithmic technology can improve market operational efficiency,drive enterprise digital transformation and upgrading,and become a new engine for the development of the digital economy.On the other hand,the abuse of algorithmic technology by operators can lead to algorithmic pricing discrimination.Algorithmic pricing discrimination is a highly integrated product of algorithmic technology and market economic activities.Operators rely on algorithmic and data advantages to analyze and predict consumers’ willingness to pay and retention prices based on their knowledge of consumer information,and provide them with differentiated prices based on data analysis results to maximize consumer surplus.Algorithmic pricing discrimination can harm the legitimate rights and interests of consumers,disrupt the market competition order,damage the trust mechanism of the digital economy,and violate the value of private law.Therefore,it is legitimate to regulate algorithmic pricing discrimination by law.Currently,there are difficulties in the application of legal regulations on algorithmic pricing discrimination,which cannot meet the practical regulatory needs.The paper first discusses the general principles for defining the concept of algorithmic pricing discrimination,and then differentiates and analyzes the three concepts of algorithmic pricing,price discrimination,and algorithmic pricing discrimination.It compares the differences between algorithmic pricing and traditional pricing methods,summarizes the specific manifestations of algorithmic pricing discrimination,and analyzes the bias tendencies due to algorithmic technology The spontaneous profit-seeking nature of the market and the asymmetry of information have led to the formation of algorithmic pricing discrimination.Next,this article introduces the current regulatory situation of algorithmic pricing discrimination at home and abroad,leading to the governance dilemma in China,specifically including three parts: insufficient application of existing laws,lack of regulatory oversight of algorithmic pricing discrimination,and imperfect liability mechanisms.Finally,the paper proposes feasible suggestions to improve the regulatory dilemma in three aspects,hoping to provide theoretical reference for the legal regulation of algorithmic pricing discrimination and better protect consumer rights.