Research On Antitrust Regulation Of Algorithmic Price Discrimination

The digital age is marked by the Internet,big data,and artificial intelligence.Our society has a brand-new look,manifested in production and life,while it also brings more challenges.The value of data is valued,the use of data is constantly updated,and the elimination and restriction of competition in the data field are wrong,and the anti-monopoly law is urgently needed.With the continuous development of current technological conditions,the abuse of market dominance has followed "advance with the times",and its manifestations are dazzling.Price discrimination is no exception.Algorithmic price discrimination has already appeared in the fields of tourism and online shopping,which is harmful to consumer interests and The fair competition environment in the market has had a considerable impact.There are people gradually paying attention to this behavior in academia and practice,and it has also begun to be reflected in the legislation,but it is still at the preliminary stage and requires deeper exploration and research.The core idea of this article is to re-examine the existing rules,with a view to adopting anti-monopoly law to make exemplary regulation of algorithmic governance,especially algorithmic price discrimination,to better realize the technical function of algorithm,and to protect fair market competition and social economic order.This article first introduces the concept of algorithmic price discrimination from some problems in social phenomena,briefly explains its manifestation,and points out the two core characteristics of the algorithm: data and platform.It also sorts out the core issues of data utilization behavior under the anti-monopoly regulations and draws preliminary conclusions.The regulation of data utilization behavior requires the intervention of anti-monopoly law.The current anti-monopoly analysis framework does not need to be reconstructed,only simple repairs and adjustments are required.Second,use the existing antitrust analysis framework to analyze algorithmic price discrimination,discuss its relevant market definition rules and applicable standards for determining market dominance,and discuss the identification criteria for abuse of market dominance.In addition,the two aspects of the competitive effect and justified defense of this behavior are discussed.At the level of competition effect,algorithmic price discrimination will bring about positive effects such as consumer welfare increase,efficiency improvement,and promotion of competition and innovation.However,there are also negative effects of consumer welfare detriment and damage to competition,and its competitive effects should be comprehensively determined.At the level of justification defense,based on the principle of reasonableness,through efficiency,fairness,and competition,and other justification defense rules,to further improve the anti-monopoly regulation of algorithmic price discrimination.Also not to be ignored are the procedural rules that match the content determination.By taking the typical behavior of algorithmic price discrimination as a breakthrough,this article aims to open the door to the application of anti-monopoly law and regulatory rules under the background of digital economy,and explore the potential of anti-monopoly law in the new era and new background to make it more dynamic and effective.Good support for the healthy development of the market economy.