Antitrust Law Regulation Of Personalized Pricing Behavior Of E-commerce Platform

With the advent of the era of big data,the scale of data continues to expand,and the algorithm technology is constantly optimized.The wide application of the two has deepened market competition.But at the same time,some e-commerce platforms closely integrate the advantages of big data and algorithm technology based on strong capital and talent strength,and describe the consumption characteristics of consumers by acquiring,analyzing and processing information related to consumers.And behavior habits,and finally implement personalized pricing behavior for consumers.The essence of personalized pricing behavior is price discrimination,and it should follow the regulatory thinking of price discrimination.In terms of the definition of the relevant market,the emergence of non-price factors such as data and user attention has made the traditional method of defining the relevant market nowhere to start,and the results of the demand substitution analysis have a large deviation.At the same time,due to the two-sided market characteristics of e-commerce platforms and network externalities,the SSNIP test method is difficult to apply.In the context of the rapid development of the digital economy,the traditional method of defining relevant markets should make a series of innovations.Data elements may be added to the relevant market definition method as an alternative analytical element.Regarding the SSNIP test method,the two-sided market can be divided into transactional two-sided markets and non-transactional two-sided markets,so as to more clearly identify which side of the market the competition constraints come from,and to better overcome the problem of market selection.In the identification of market dominance,the conduction of market power and the dynamic competition model make it more difficult to identify market shares,and the role of market share indicators is weakened.At the same time,the combination of factors such as the number of users,network effects,and user lock-in effects make it more difficult for new entrants to enter the relevant market.In the improvement method,various factors should be considered comprehensively,and the factors that can reflect the user’s attention should be regarded as the priority presumption factors of market dominance.At the same time,re-evaluate the role of market entry barriers,and fully consider the impact of factors such as technology and data.In terms of illegal identification,due to the concealment of algorithm technology,it is difficult to lock discriminatory prices in personalized pricing,and the analysis of anti-competitive effects is unsatisfactory.At the same time,it is difficult to accurately match the reasonable defense,which brings great obstacles to the determination of illegality.The illegal review standards for consumer welfare standards should be established,and the reasonable defenses for price discrimination should be refined to safeguard the legitimate business interests of operators.