With the progress of society and the development of technology,it is common to use big data for price discrimination.With antitrust law as the core,the author discusses the legal regulation path of price discrimination under the background of big data.In the context of big data,price discrimination has the characteristics of high precision of discrimination,and tend to the development of primary price discrimination,the phenomenon has not yet been clear judicial judged.There are regulatory disputes on price discrimination under the background of big data,including the relevant rights and interests and value judgments involved,whether regulation should be carried out within the framework of antitrust law,and the dispute sofation of regulatory framework and path.Based on this phenomenon,as the current view of the general welfare of society and the loss of consumer welfare is controversial,the author think that from the point of view of adhering to the core value of antitrust law is to protect competition,of how to apply the antitrust law,and as there are still other laws to regulate the phenomenon,because of these three reason,price discrimination in the context of big data should be regulated by the antitrust law only if it conforms to the elements,the non-regulated part of the antitrust law can be regulated by the consumer rights protection law and the e-commerce law,supplemented by the participation of administrative agencies regulation. |