Research On The Antitrust Law Issues Of Big Data "killing Old Customers" Behavio

As the digital economy continues to grow,big data,gradually evolves into a key information asset,relying on the in-depth integration with algorithms,actively cultivating new products as well as markets.Some of the business entities with relatively strong technological strength as well as market power are growing at a high rate with the help of such assets.The platform operators obtain all kinds of big data,relying on setting high prices for old users and using low cross-subsidies for new users,so as to get more desirable returns,and such behaviour of the operators is generally known as big data "ripening".This type of behaviour by operators is generally referred to as big data "ripening".In order to analyse the issue in depth in terms of theory and practice,it is first necessary to clarify the legitimate price discrimination and price violations in the context of big data "ripening".Justifiable price discrimination is reasonable in economics,because the core mechanism of market economy is free pricing,and prices should be determined by supply and demand,and enterprises can set prices under a reasonable price policy.Platforms have significant information and resource advantages.Platforms should be open and transparent when pricing freely,eliminating price fraud,price monopoly and other illegal practices,and ensuring that consumers choose goods or services under their free will.Big data is gradually becoming an important tool for platform pricing.As big data has potential risks such as uninterpretability and discrimination,platforms should comply with reasonable pricing policies when using big data for pricing and strengthen the regulation of the use of big data,in which merchants,users and regulators are all important participants in platform governance.This article first relies on typical cases in practice to summarise and analyse the basis on which the courts have judged such behaviour,and to summarise how the courts have found big data "ripeness killing" in practice.The definition of the relevant market for big data is relatively complicated,but the definition of the relevant market is an important part of the antitrust regulation,and as for the abuse of dominant market position,this article starts from the "market dominance" in Article 23 of the Antimonopoly Law.In this paper,we will remove the behaviors that can bring consumer benefits in the "killing of ripe old people" in big data,and regulate the rest of the behaviors under the framework of the Anti-monopoly Law in three aspects:legislation,law enforcement and justice,and seek a balance between consumer protection and the development of platform economy in the tripartite interaction.