| The emergence of big data technology has brought a lot of convenience to production and life,providing users with accurate push,shortening the time and cost of search,and making life more intelligent.Big data also has high business value.The rapid development of big data technology has spawned new price discrimination,changed the operators’ operation mode and sales strategy,and also brought new challenges to the traditional marketing model.On the one hand,operators can accurately push goods and services to consumers,improve efficiency,save consumers’ time and meet the needs of various types of consumers.On the other hand,price discrimination caused by differentiated pricing using big data technology objectively seriously infringes on consumers’ right to fair trade,damages consumers’ right to know,violates market trading rules and destroys the order of market competition,It also damages the legitimate rights and interests of other competitors in the same industry.Therefore,in order to realize fair trade,protect consumers’ right to know and maintain the equal competition order of economy and society,it is necessary to modify and improve relevant laws and regulations,provide necessary legal basis for administrative law enforcement in the field of antitrust,improve the judicial relief system,protect consumers’ legitimate rights and interests and maintain the stable operation of economy and society.By consulting relevant literature,comparing the domestic tradition and the latest foreign legal regulation experience,combined with the latest rules and regulations and industry norms,this paper makes relevant research and forms a paper.The full text consists of five chapters:the first chapter introduces the background of price discrimination in the era of big data,the research status at home and abroad,research methods and so on.The second chapter mainly expounds the relevant concepts of price discrimination and price discrimination in the big data environment,focuses on the causes of price discrimination and the necessity of legal regulation of price discrimination in the big data environment,explains from the aspects of consumers’ right to fair trade and market competition order,and analyzes the advantages and disadvantages of the relevant provisions of the current law.The third chapter mainly studies the difficulties and reasons encountered in the legal regulation of price discrimination in the era of big data,expounds from the aspects of data protection,the market dominant position of operators,restricting competition and the difficulty of protecting users’ rights,and studies the data rights and the market dominant position of operators;The fourth chapter mainly introduces the regulation experience of price discrimination abroad.Developed countries such as the European Union and the United States mainly maintain the competitive order of the network market from the perspective of data rights and personal information protection;The fifth part puts forward corresponding solutions according to the reason analysis summarized in the third part,discusses the specific methods of improving relevant laws and regulations based on the basic principles,and puts forward corresponding suggestions on anti-monopoly law enforcement and judicature. |
