The Anti-Monopoly Regulation Approach Of Algorithmic Pricing Discrimination

With the continuous development of algorithm technology,the e-commerce market based on the Internet continues to grow,and algorithmic dynamic pricing is increasingly used in online market transactions.The characteristics of the algorithm’s professionalism,complexity and dynamics have cast a veil of mystery on algorithmic decision-making.The algorithm black box formed by the operator’s technical advantage in algorithm has aggravated the information asymmetry between consumers and operators.In turn,operators can mine user data information and rely on huge data resources to implement price discrimination against consumers.At the same time,it provides opportunistic space to increase market entry barriers for potential competitors,eliminate potential competitors,and disrupt market competition order.Algorithmic pricing discrimination can obtain consumers’ surplus value to the greatest extent,infringe consumers’ right to fair transaction,right to know and independent choice,violate consumers’ expectation of fair transaction,and harm the interests of consumers.However,China’s current anti-monopoly law has imperfect legal provisions on algorithmic pricing discrimination,it is difficult to adjust the new conflicts generated in the algorithmic environment,and it is not enough to resolve new disputes based on algorithmic pricing discrimination.It is recommended that consumers be given the right to request algorithm interpretation that is adversely affected by algorithmic decisions,so that consumers can request algorithm operators to explain algorithm rules that involve their own interests and protect their rights in a timely manner.At the same time,set algorithm obligations and responsibilities for the platform in order to better realize the self-management and self-discipline of the platform.Due to the many differences between the use of algorithms and the network environment and the offline market,when determining whether algorithmic pricing discrimination violates the monopoly law,you should not stick to the traditional anti-monopoly determination method,but should adopt multiple value evaluation standards and the principle of case analysis.In order to achieve beter guidance and regulation of algorithmic pricing.