Journal of Jishou University(Social Sciences Edition) ›› 2022, Vol. 43 ›› Issue (6): 29-40.DOI: 10.13438/j.cnki.jdxb.2022.06.004

• Law • Previous Articles     Next Articles

The Regulatory Logic and Path of "Big Data Price Discrimination" by Platforms from the Perspective of Publicity

ZHENG Pengcheng,LONG Sen   

  1. (Law School,Hunan University,Changsha 410012,China)
  • Online:2022-11-01 Published:2023-01-06

Abstract: With the dual accountability of social ethics and technical ethics,the platforms' "big data price discrimination" is infringing upon the rights and interests of consumers through algorithms,which should be regulated.The Anti-monopoly Law,Consumer Protection Law,Price Law and other traditional laws have conceptual and institutional dilemmas in the regulation of "big data price discrimination".In view of the publicity of big data platforms and the uncertainty of the infringement object of "big data price discrimination",the regulation of it can be learned from the theory of public utilities,adopting supervision in advance.Transparent,reasonable and non-discriminatory pricing and marking obligations should be imposed on qualified platform subjects,and professional platform regulatory bodies should be established to ensure that the above obligations are fulfilled.

Key words: publicity of platforms, big data price discrimination, non-discriminatory obligations, algorithmic price discrimination

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