| With the advent of the digital economy,new things such as data and algorithms continue to emerge,and operators’ use of digital economy platforms to commit algorithmic price discrimination has become more covert and precise,while traditional anti-monopoly regulation tools face many challenges in the context of algorithmic technology.The legal system involving algorithmic price discrimination in China is still not mature enough to adapt to the pace of updates and changes in algorithmic price discrimination,which makes the contradiction between operators’ algorithmic price discrimination and the legal system in the digital economy more and more prominent.2022,the newly revised Anti-monopoly Law of the People’s Republic of China came into being,which clarifies that operators are not allowed to use algorithmic price discrimination to monopolize,but there are still some imperfections.Therefore,it is of great significance to study the anti-monopoly law regulation of algorithmic price discrimination in China.This article aims to explore the practical difficulties of regulating algorithmic price discrimination from an antitrust perspective and how to solve these problems,starting from the perspective of algorithmic price discrimination.Algorithmic price discrimination is a combination of digital economy platform and algorithm,and its technical characteristics and business model make it difficult to be regulated by the antitrust law,mainly in terms of unclear ownership of algorithmic data subjects,unclear justification defense mechanism of operators,unclear information disclosure obligations,and imperfect regulatory mechanism of antitrust law in the digital economy.Therefore,in order to meet the above challenges,this paper investigates algorithmic price discrimination within the framework of antitrust law and suggests the means to regulate it.First,by drawing on foreign experience,this paper draws three regulatory insights: clarifying data ownership and improving data use rules,improving justification defense mechanisms,and strengthening antitrust judicial review.Secondly,in order to improve the antitrust regulatory framework of algorithmic price discrimination,this paper puts forward specific regulatory paths from four perspectives on this basis,in order to: first,clarify the division of ownership of algorithmic data subjects;second,optimize the criteria for determining the justification of operators;third,clarify the obligation of operators to disclose information;fourth,improve the regulatory mechanism of antitrust law;through these specific regulatory means,this paper attempts to improve the regulatory system of algorithmic price discrimination and develop a regulatory mechanism of antitrust law.Through these specific regulatory tools,this paper tries to improve the regulatory system of algorithmic price discrimination,develop a reasonable framework to regulate algorithmic price discrimination,and put forward enforceable recommendations to regulate algorithmic price discrimination from the antitrust perspective. |