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Study On The Antitrust Regulation Of Algorithmic Price Discrimination

Posted on:2021-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:M F ShanFull Text:PDF
GTID:2416330614470710Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The particularity of the scene of the Internet platform industry competition in the digital economy era is reflected in data element attributes,network effects,bilateral markets,market lock-in effects,and market barriers that they form.The particularity of the operation(competition)strategy is manifested in the user subsidy model and algorithmic price discrimination coexisting,user-centered cross-border competition oriented by product differentiation and platform ecology.Algorithmic price discrimination may cause harm to consumers and primary line damage,bringing about changes in welfare distribution,and further aggravate the contradiction between efficiency and fairness.After reviewing the humanistic concept of economic law and the legislative purpose of antitrust law,the antitrust law do have a role to play timely.In order to consider the competition harm reasonably,it is necessary to fallow the SCP paradigm.In terms of relevant market definition,product differentiation and platform ecological competition strategies make it difficult to identify product,and there will be a large deviation of the results in the use of the demand substitution analysis.The business model of free and algorithmic price discrimination make the accuracy of the SSNIP test lost.In terms of the improved methods,products should be defined supply-oriented.The qualitative method should focus on the objective commonness of products.Since data have become an important competitive resource,data can be added as an analysis element.The SSNIP test method should be modified based on conversion costs,and price increase test or SSNDQ test should be adopted according to different initial product market and situation,and increase the variation of data quantity as the measurement factor,so as to enhance the scientific of the test results.Regarding to the determination of market power,in view of the attributes of the production factors of the data,it should be used as the determination element.The value of data is uncertain,so it is difficult for data to be directly linked to market power.The essence of the market power of Internet platform operators lies in the conversion costs caused by network effects and lock-in effects.From the perspective of the complementary relationship between data and the network,we can come to the conclusion that data such as users quantity will be an element in judging the market power of platform operators.The user-centered cross-border competition strategy of the Internet platform industry in the bilateral market conditions makes it relatively easy forplatform operators to use leverage to realize the transmission of market power,so the measurement of market power should take into account the power in related markets.The antitrust law enforcement of algorithmic price discrimination should construct the consumer welfare damage standards which core content is consumer optional welfare.We can presume the preliminary consumer damage on the basis of proving the existence of the behavior and determining the market power.Strengthening consumer benefit defenses and constructing objective and necessary efficiency defense are necessary to safeguard the legitimate business interests of the operators and prevent excessive regulation of public power.
Keywords/Search Tags:Internet Platform Industry, Algorithmic Price Discrimination, Antitrust Law
PDF Full Text Request
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