On the Methods of Adjusting an Act of Big Data Personalized Pricing through Anti-monopoly Law
The issue of methods of adjusting an act of big data personalized pricing through anti-monopoly law is globally hot in the research into anti-monopoly laws.Most of the existing studies determines it as an act of price discrimination,which is of error in the direction.The act of big data personalized pricing itself does not exclude or restrict competition,so it does not correspond to the analysis method of price discrimination.In essence,the main harm of big data personalized pricing constitutes is the direct exploitation of customers which squeezes out every penny of profits from every customer rather than an exclusion of competition,thus it is an act of excessive pricing.At the same time,there are certain differences between the big data personalized pricing and traditional excessive pricing,thus it is imperative to make necessary revision to theories and rules of the traditional anti-monopoly law in the analysis process according to these particularities.The basic steps of adopting the analysis method of excessive pricing in the anti-monopoly law to determine whether an act of big data personalized pricing constitutes an act of monopoly are as follows:(1)to determine that the actor has a dominant position;(2)to determine an act of personalized pricing as excessive pricing;(3)to allow parties to raise reasonable reasons as a defense.In terms of the determination of dominant position and excessive pricing,an act of big data personalized pricing has some characteristics that traditional industries do not have,which need to be carefully analyzed by relying on anti-monopoly jurisprudence and case studies.
Anti-monopoly LawBig Data Personalized PricingExcessive PricingCustomized PricingPrice Discrimination
万方数据
维普
