Zhuoyi Shen
ABSTRACT
Big data has not been effectively governed after it has received social attention since 2018. This paper aims to explore a more appropriate and feasible regulatory path by exploring the reasons why big-data price discrimination has failed to obtain legal regulation, as well as the economic, technological, and market structure causes of big-data price discrimination. In the argument, it is found that there are legal problems such as doubtful illegality, regulatory gaps that belong to the intersection of multiple laws, and difficulty in obtaining evidence. And because of the profit-seeking nature of the platform economy, the unconsciousness of algorithms and the uniqueness of the platform market structure, the boundaries between big-data price discrimination and reasonable marketing strategies are difficult to decide. It is not possible to totally prohibit big-data price discrimination and hinder the development of the new business model of the platform economy. However, when the platform's profit-seeking behavior infringes on the market order and consumer rights, big-data price discrimination is legally accountable. On one side, big-data price discrimination may infringe consumers’ fair trading rights, and the judgment criteria should be determined based on cost and profit rate. On the other side, in the anti-monopoly law, the boundary between reasonable transaction habits and legally accountable differential treatment should be distinguished for big-data price discrimination.
- Wang We, Zhao Tingting: Municipal Consumers Association Releases Survey Results of “Big Data”, Beijing Youth Daily, A04, 28.3.2019.Google Scholar
- CCTV survey: Are you pricely discriminated by big data?, https://finance.sina.com.cn/consume/puguangtai/2021-03-16/doc-ikkntiam3162347.shtml, last visited on 15.5.2021.Google Scholar
- Yugao Zheng v. Shanghai Ctrip Business Co., Ltd., (2020) Hu 0105 Min Chu No. 9010.Google Scholar
- The Price Law of the People's Republic of China (1997), Article 7 and paragraph 5 of Article 14.Google Scholar
- Zhichao Deng. Looking at the legal boundary of big data from the perspective of "price discrimination"[J]. Journal of Huaihua University, 2018, 37(08): 93-95.Google Scholar
- The Anti-Monopoly Law of the People's Republic of China (2007), Article 17.Google Scholar
- Jianhai Zhu. The legal regulatory dilemma of “big-data price discrimination” and its cracking path[J]. Journal of Chongqing University of Posts and Telecommunications (Social Science Edition), 2021, 33(01): 64-72.Google Scholar
- Quan Liu v. Beijing Sankuai Technology Co., Ltd., (2019) Xiang01 Minzhong No. 9501.Google Scholar
- Simai He, Liyang Hou. The scientific and technological aspects of “big-data price discrimination” and system response[J]. Procurator Fengyun, 2021(02): 15-17.Google Scholar
- Xinlei Chen: The core of solving the problem of big-data price disrimination is how to prevent market monopoly, http://finance.sina.com.cn/zl/china/2021-04-12/zl-ikmyaawa9159692.shtml, last visited on May 15, 2021.Google Scholar
- Zheng Liang. Xiong Zeng. Policy Response to “Big Data”: Behavioral Characterization, Regulatory Dilemma, and Governance Outlet. Technology and Law (Chinese and English), 2021(02): 8-14.Google Scholar
- Fuping Gao, Yuan Wang. Why does big data “price discrimination”? [N]. Shanghai Rule of Law News, 2018-05-16 (B06).Google Scholar
- Kailiang Zou, Jiaming Liu. The legal regulation dilemma and the way out of big-data price discrimination——considering only from the perspective of the “Consumer Rights Protection Law”[J]. Price Theory and Practice, 2018(08): 47-50.Google Scholar
- The Consumer Rights Protection Law of the People's Republic of China (2013), Article 8.Google Scholar
- Li Changlin, Xu Mingyue. Consumer Rights Protection Law Fourth Edition. Law Press. 2014-09. P48.Google Scholar
- The Consumer Rights Protection Law of the People's Republic of China (2013), Article 10.Google Scholar
Index Terms
- The Regulatory Path of Big-Data Price Discrimination-Based on Economic Characteristics and Legal Accountability
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