The regulatory dilemma and relief of Big Data Price Discrimination in the perspective of law and economics
Lei Jie
(School of Criminal Law,East China University of Political Science and Law,Shanghai 200042,China )
Abstract： As a negative externality product of digital economy and artificial intelligence algorithm development, "Big Data Price Discrimination" has always been controversial in theory and practice. At the theoretical level, there are many doctrinal disputes on the cognition and characterization of "Big Data Price Discrimination", existing various discussions on differential pricing, price fraud and price discrimination. At the practical level, "Big Data Price Discrimination" is a comprehensive problem, which not only infringes on consumer rights but also involves antimonopoly, information security and other dimensions. The current legal norms and regulatory model still have insufficient responses to this behavior. Through the analysis method of law and economics, this paper deconstructs the legal basis of "Big Data Price Discrimination" and makes clear the essence of price discrimination of "Big Data Price Discrimination", especially focusing on the analysis of legal regulatory dilemmas such as the loss of consumer rights and market failure. On this basis, suggestions such as antidiscrimination by adverse selection,perfecting supervision system by institutional innovation and strengthening power governance by algorithm are put forward to improve the regulatory approach, expecting to achieve the balance between economic efficiency and consumer protection.
