Research On Antitrust Regulation Of Algorithmic Price Discrimination On Digital Platform

In the era of Internet economy,algorithms have developed rapidly,and big data has enabled economic development on an unprecedented scale.Based on consumer data and using algorithms as tools,platform operators make optimal pricing by inferring consumers’ willingness to pay,and implement algorithmic price discrimination.The impact of algorithmic price discrimination is complex and extensive.We should adhere to the principle of case analysis when identifying the specific nature and behavior impact.At present,the regulation of algorithmic price discrimination at home and abroad is conservative and prudent.The characteristics of algorithmic price discrimination make some applications of the traditional anti-monopoly law framework insufficient,but it does not need to be reconstructed.It can still be used after being improved on the original basis.The regulation of algorithmic price discrimination should follow the traditional "RMC" paradigm.In terms of relevant market definition,the characteristics of platform ecological operation and product differentiation make the relevant market boundary fuzzy and difficult to be defined specifically.We can strengthen supply substitution analysis based on relevance.The bilateral nature makes it difficult to determine the number of markets.The markets involved in algorithmic price discrimination are different.Accurately identifying the market type and defining the number of markets has become an effective measure.A variety of markets have the same goal,and can be defined as one market.In the determination of market dominant position,the multi attribute of users weakens the correlation between market share and market power,and the traditional method of evaluating market position needs to be improved;Data elements have become the core elements to measure market power in the era of platform economy.When analyzing market power,we should face up to the status of data elements and reasonably evaluate their role;In order to identify the nature of illegality,we can establish an illegality identification standard centered on consumer welfare in quantitative analysis,and the use of algorithm in qualitative analysis can determine the illegality.In addition,we can fully reflect the rationality of algorithmic price discrimination with the help of counterfactual deduction and refinement of defense reasons,so as to promote the dual realization of the legitimacy and rationality of the regulation of anti-monopoly law.