Anti-monopoly Regulations On Algorithmic Price Discrimination Of Superplatforms

With the rise of the digital economy and the deepening development of artificial intelligence technology,super platforms with huge amounts of data have emerged in China.They tend to have a large user scale,a wide range of business types,a high economic size and a strong limiting ability,and their business hands into e-commerce,food and beverage takeout,smart travel and online games and other aspects of life.However,while providing consumers with more abundant commodities and services and promoting the high-quality development of our economy,the super platform will also use sophisticated algorithms to implement the algorithm price strategy with lower cost and higher efficiency for consumers.Its discriminatory behavior often has negative characteristics such as concealment,pricing dynamics and mechanism bias.In the market,the price discrimination behavior of super platform will produce positive effects such as promoting output expansion and strengthening competition,as well as negative effects such as exclusivity effect and exploitation effect.If not regulated,it will harm the rights and interests of consumers and eventually affect the market competition.In the aspect of anti-monopoly law regulation,the algorithm technology of super platform puts forward new requirements for the identification of illegality such as market dominance and defense reasons.The author mainly discusses how to use the economic effect tool to build a new evaluation system of competition damage.In August 2022,the new Anti-Monopoly Law officially incorporated operators’ use of algorithms,technology,technology and other means to implement differential treatment into the anti-monopoly law regulation.In March 2023,the Regulations on the Prohibition of Abuse of Dominant Market Position further refined the factors for determining such conduct.However,the above provisions are still broad and do not specify specific standards,and still lack the targeted effectiveness and practical operability of antimonopoly law enforcement,giving law enforcement and judicial departments greater discretion.In addition,traditional anti-monopoly regulation methods are facing many challenges with the increasing maturity of algorithmic price discrimination technology.In view of this,this paper studies the anti-monopoly illegality identification and regulatory dilemma of price discrimination behavior of super platform algorithm,in an attempt to solve the practical problems faced by super platform algorithm in the anti-monopoly illegality identification of price discrimination behavior.From the perspective of computer,the author puts forward solutions to various dilemmas.In terms of illegality determination,it is mainly manifested in increasing the factors to determine the dominant position of the market,such as traffic data,user conversion cost,etc.In terms of competition damage,consumer welfare should be the main criterion and social welfare should be the secondary criterion,and economic tools should be established to evaluate the damage quantitatively.In terms of legal regulation,technical regulation and consumer rights and interests protection,we try to establish a three-way regulation system.First of all,we should establish the supervision concept of "calculating by calculating" and further improve the refinement of law enforcement regulations.Secondly,regulators establish algorithmic technology to drive regulatory philosophy and improve antitrust law enforcement in the field of big data.Super platform operators should clarify pricing compliance mechanism and algorithm disclosure supervision;the consumer side suggests improving the system of anti-monopoly private litigation.This paper tries to construct a reasonable framework for regulating price discrimination behavior of super platform algorithm in multiple dimensions,and provides feasible suggestions for regulating price discrimination behavior of algorithm from the perspective of anti-monopoly.