The Dilemma and Relief of Anti-monopoly Regulation in Personalized Pricing Algorithms
DOI:
https://doi.org/10.54097/ge5y0b72Keywords:
Personalized Pricing, Anti-monopoly Law, Abuse of Market DominanceAbstract
In the era of big data, online platforms utilizing algorithms for personalized pricing pose monopoly risks that harm competition, and contradict the economic market concepts of consumer protection and encouraging innovation. China's anti-monopoly laws face difficulties in defining relevant markets, and law enforcement agencies are at a loss when identifying abuse of market dominance. The defense rights originally granted to platforms by the law have been abused. In view of this, this paper proposes to establish an evaluation system for competition damage based on consumer protection, specifying the considerations for justifying damage, and suggests using user engagement intensity and activity level as statistical indicators, incorporating the influence of algorithmic computing power, and employing a relative market share assessment method as a determinant factor for judging market dominance.
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[1] Feng Jieyu. Construction of Public Private Law Cooperation System for Adjusting Personalized Pricing [J]. Legal Research, 2023, 45 (06): 116-134. Liao Jiankai The dilemma and solution of legal regulation of "big data killing": from consumer rights protection to operator algorithm power governance [J]. Journal of Southwest University of Political Science and Law, 2020, 22 (01): 70-82.
[2] Meng Qinguo. Key Issues in Dealing with Algorithmic Discrimination and Infringement of Consumer Rights: From the Perspective of Big Data Killing [J]. Legal Application, 2023, (03): 37-47. Wang Feng. Legal Regulation of Personalized Pricing in the Digital Economy [J]. Journal of Beihang University (Social Sciences Edition), 2023, 36 (05): 199-207.
[3] Surrounding. Antitrust regulation of personalized pricing algorithms in the era of artificial intelligence [J]. Journal of Wuhan University (Philosophy and Social Sciences Edition), 2021, 74 (01): 108-120.
[4] Ariel Ezrachi, Maurice E. Stucke, Virtual Competition: The Promise and Perils of the Algorithm Driven Economy, Harvard University Press, 2016, pp.11-113. Reshi. Deconstruction and Regulation of Algorithmic Personalized Pricing: Debunking Big Data Maturity. Financial Law, 2022, (02): 146-162.
[5] Liang Zheng, Zeng Xiong Policy response to 'big data killing': behavior characterization, regulatory dilemma, and governance solutions [J]. Technology and Law (Chinese and English), 2021, (02): 8-14.
[6] OECD, Personalized Pricing in the Digital Era, (25 September 2018), https://www. oecd.org/daf/ competition/ personalised-pricing-in-the-digital-era.htm.
[7] Li Yi, Li Zhenli. Research on the Illegal Boundary of Personalized Pricing for Consumers under the Background of Digital Economy [J]. Social Sciences, 2020, (02): 110-122.
[8] Liu Tingtao. Analysis of Competition Damage Caused by Price Discrimination under Anti Monopoly Law [J]. Oriental Law, 2016, (03): 29-37.
[9] B. Mittelstadt, P. Allo, M. Taddeo, et al. The Ethics of Algorithms: Mapping the Debate. Big Data & Society, 2016, (2).
[10] Mehra, Salil K.. “Price Discrimination-Driven Algorithmic Collusion: Platforms for Durable Cartels.” (2020).
[11] Tang Yaojia, Tang Chunhui. Definition of anti-monopoly related markets for digital platforms [J]. Research on Financial Issues, 2021, (02): 33-41.
[12] MEO - Serviços de Comunicações e Multimédia SA v. Autoridade da Concorrência, Case C‑525/16.
[13] H.R. Varian. Intermediate Microeconomics: A Modern Approach. New York: W.W. Norton & Company, 2006.
[14] European Commission. Competition Policy for the Digital Era. Europe, 2019-04-04. [2020-09-28] https://op. europa. eu/en/ publication-detail/-/publication/21dc175c-7b76-11e9-9f05-01aa75ed71a1.
[15] German Bundeskartellamt Think Tank Internet. Market Power of Platforms and Networks. Bundeskartellamt, 2016-06-01. [2020=09-28] https://www. bundeskartellamt. de/Shared Docs/Publikation/EN/Berichte/Think-Tank-Bericht-Zusammenfassung.pdf?__blob=publicationFile&v=4.
[16] Surrounding. Antitrust regulation of personalized pricing algorithms in the era of artificial intelligence [J]. Journal of Wuhan University (Philosophy and Social Sciences Edition), 2021, 74 (01): 108-120.
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