The Legal Regulation Of "Big Data Price Discrimination" Behavior

With the rapid development of emerging technologies such as 5G,cloud computing,blockchain,artificial intelligence,and big data,the Internet platform economy has taken on a new look.The massive amount of data generated every moment has produced extremely valuable "infinite" data on the platform level through certain mining and collation.Due to the potential huge benefits behind it,major enterprise platforms have leveraged their technological advantages to obtain,analyze,process,and store massive amounts of data,while also portraying and positioning the consumers behind the platform."Big Data Price Discrimination"(BDPD)refers to the behavior of Internet platform operators or various application platforms using big data technology to differentiate pricing and product promotion for consumers,thereby obtaining excess profits.This behavior seriously violates consumers’ right to know,freedom of choice,and right of fair trade,and also affects normal market competition and social fairness.Currently,BDPD behavior has evolved into various forms in actual social scenarios due to its inherent concealment and opacity,and it is becoming more and more intense.However,the nature and legal norms of the BDPD behavior have not been effectively unified and resolved,and there are also difficulties and shortcomings in relevant legal regulations and regulatory systems.The legal regulation of BDPD behavior is the research topic of this article.The first part of this article conducts basic theoretical inquiry surrounding the concept,legal nature,causes,and technical paths of BDPD behavior.In the second half of this article,the importance of regulating BDPD conduct is illustrated from the perspective of behavior harm by examining actual performance and judicial examples of BDPD behavior.The third and fourth parts investigate the present regulations of key laws and regulations on BDPD behavior,and then identify and summarize the issues in current BDPD regulation.Finally,the fifth part strives to come up with an appropriate solution to the legal regulation of BDPD behavior in China,by making particular references to the experiences of jurisdictions such as the European Union and the United States.