Research On Anti-Monopoly Law Of Data-Enabled Price Discrimination

With the application of "algorithm" technology in marketing,data-enabled price discrimination is usual in China.The definition of data-enabled price discrimination is the behavior that Internet platforms use market dominance and "big data-algorithm" technology to anchor consumers’ favorite products,and implement price discrimination against consumers,which is based on consumers’ different price sensitivities.The root of data-enabled price discrimination is closely related to the characteristics of the platform economy,as well as it is by no means a simple technology-neutral phenomenon.From the perspective of law,it may involve infringement of consumer rights and hinder the fair competition order of the market.At the same time,data-enabled price discrimination is a new type of "algorithmic power",which should be included in the scope of legal regulation.With the blessing of "big data-algorithm" technology,the information asymmetry between platform operators and consumers has reached a new height.Consumers are trapped in the black box of algorithms,and the path of consumer protection does not seem to be smooth.Therefore,consumers need the help of public power to compete with platform operators,so that the rights of platform operators and consumers can return to a relatively equal position.Therefore,the anti-monopoly regulation path of data-enabled price discrimination more advisable.Since big data marketing is a new innovation model,it is relatively reasonable in terms of economic efficiency,and excessive restrictions on big data marketing behavior may affect economic efficiency.The behavior of data-enabled price discrimination may also be affected by irrational factors such as consumers and media public opinion,and there are cases of judicial imprudence,non-neutrality,and unreasonableness.Therefore,we should introduce the principles of prudence,rationality,the neutrality of judgement in order to reasonably regulate data-enabled price discrimination.Of course,it may inevitably increase the complexity of anti-monopoly regulation of data-enabled price discrimination.At the same time,the determination rules of the anti-monopoly law about data-enabled price discrimination are not mature,which is mainly manifested in: the fuzziness of relevant market identification and market dominance identification rules caused by the imperfect anti-monopoly regulation theory in the field of platform economy;price discrimination behavior which is involved legal value conflicts;the specific identification standards for the price discrimination behaviors caused by many cases are not clear;the investigation mechanism that relies on law enforcement agencies to take the initiative to investigate according to their powers is immature,etc.Therefore,the author gives suggestions from four aspects: the identification of relevant markets,market dominance,specific identification standards of price discrimination,and the establishment of industry self-discipline and operator commitment system,in order to improve the anti-monopoly judgment rules of data-enabled price discrimination.Specifically,the definition of relevant commodity markets requires the correct application of bilateral market theory and the correct selection of market definition tools,taking into account the differences between various characteristics of products and similar markets,in order to obtain a more suitable and accurate range of relevant commodity markets;In terms of determining market dominance,it is necessary to adhere to the "dynamic,behaviorist,and market analysis based big data analysis concept",fully consider various factors for determining market dominance,and determine whether its market dominance exists as a whole;In the identification of price discrimination,the value measurement method is used as the final method to fully and correctly measure the value of each law and finally make a fair judgment through price evaluation method,value sensitivity and platform dependence test method and other methods;In establishing a long-term mechanism,it is necessary to attach importance to the effective cooperation between industry self-discipline and government heteronomy,ultimately forming a good situation of dual governance.And establish a system of operator commitment to reduce judicial burden,to ensure effective governance of big data fraud over a long period of time,when the timing is appropriate.