Research On Anti-monopoly Laws And Regulations Of Price Discrimination Under The Background Of Big Data

Price discrimination as an enterprise behavior has always been an important research object in the field of anti-monopoly.The application of big data technology makes it more convenient and hidden for operators to implement price discrimination in the Internet economy,and the harm of market competition is also greater.At the same time,in the public opinion solicitation draft of the revised anti-monopoly law,the second paragraph of article 21 also lists the factors that should be considered when determining the dominant position in the Internet market,which all show the particularity of anti-monopoly regulation on price discrimination in the Internet market.In view of this,this paper takes the anti-monopoly law regulation of price discrimination in the context of big data as the theme,takes the price discrimination in the digital economy as the guide,and combines the characteristics of the two-sided market of the Internet industry to analyze and solve the problems such as the recognition standard of the market dominant position of enterprises in the Internet big data platform,the specific recognition of price discrimination,the regulatory measures,and the actual law enforcement operation Try to explore the anti-monopoly regulation path of price discrimination in the context of big data.In addition to the introduction and conclusion,this paper consists of the following five parts.The main contents of each part are as follows:The first part mainly expounds the basic theory of big data and price discrimination.Firstly,it expounds the characteristics of data and big data,the differences between them,and the characteristics of data market.Then,based on the economic theory,it expounds the price discrimination,behavior characteristics and behavior classification,and analyzes the causes of price discrimination in the context of big data from the perspective of legislative enforcement and economic policy environment.Finally,it discusses the positive and negative effects of price discrimination in the context of big data,as well as the necessity of anti-monopoly law regulation.The second part investigates the current situation of the legal regulation of price discrimination.It mainly focuses on the elements of price discrimination,the determination of illegality,legal liability,the necessity of applying anti-monopoly law and the current situation of China's existing laws.First of all,it analyzes the main body,behavior and the components of the consequences of price discrimination,focusing on the consequences of behavior and the negative effects that are hard to offset;secondly,it analyzes the criteria for determining the illegality of behavior from the nature of behavior,and advocates that the subjective intention of the behavior subject and the comparison of the positive and negative effects on market competition,operators and consumers should be taken as the criteria Accurate.The third part analyzes the dilemma and problems of anti-monopoly regulation of big data price discrimination.It mainly includes the dilemma of price discrimination under the background of big data,and the inadaptability of the current anti-monopoly law in the field of digital market regulation.First of all,through the external manifestations,behavior characteristics and recognition principles of price discrimination in the context of big data,this paper argues that the recognition of price discrimination in the digital market should follow the principle of rationality,and take the illegality of the behavior as the core elements to avoid the identification of machinery.Secondly,it analyzes the existing problems of legal defense reasons.Finally,based on the bilateral market theory,this paper analyzes and discusses the inadaptability of the antitrust law in the application of the digital market,focusing on the identification of the relevant market and the dominant position of the digital market.It is suggested that the hypothetical monopolist test method be improved to realize the smooth application of antitrust law in the digital market.The fourth part is the investigation of the relevant legislation and regulations in foreign countries.It mainly includes the general data protection regulations of the European Union,the data and Competition Policy Research Report of Japan and the anti price discrimination act of Robinson patterman act of the United States.Focus on the analysis of the basis of looking for a reference to the way of legal regulation.The fifth part is the anti-monopoly regulation suggestions of price discrimination under the background of big data.First of all,in view of the particularity of data market,it is suggested to improve the operation mode of anti-monopoly law.It includes comprehensively judging relevant markets from market structure,performance and competition,identifying market dominant position with dynamic time thinking and comprehensive factors,issuing judicial interpretation,and formulating anti-monopoly work guide for Internet market to realize law enforcement guidance.Secondly,we should improve the transparency of pricing mechanism and strengthen the algorithm disclosure mechanism.Finally,we should pay attention to the privacy protection of personal data.