Anti-Monopoly Regulation on Algorithmic Price Discrimination by Platform Operators

Algorithmic price discrimination by platform operators harms the legitimate rights and interests of consumers, reduces consumer surplus, and leads to the malfunctioning of market mechanisms, demonstrating a strong monopolistic nature. The regulations on algorithmic price discrimination in laws such as the E-commerce Law and the Consumer Rights Protection Law are inadequate. While the Anti-Monopoly Law aims to maintain market competition order, it also considers protecting consumer interests, making it inherently superior in application. Challenges in regulating algorithmic price discrimination in anti-monopoly legislation include difficulties in defining relevant markets, determining market dominance, ineffective anti-monopoly enforcement, and lagging anti-monopoly technologies. Judicial challenges include difficulties in consumer rights protection and a lack of accountability mechanisms. There are three paths for antitrust regulation of operator algorithmic price discrimination: firstly, innovating legislative approaches for antitrust regulation of algorithmic price discrimination, refining methods for defining relevant markets, and optimizing standards for determining market dominance. Secondly, enhancing enforcement pathways for antitrust regulation of algorithmic price discrimination, improving antitrust supervision technical proficiency, and strengthening inter-agency coordination in law enforcement. Thirdly, adjusting judicial pathways for antitrust regulation of algorithmic price discrimination, expanding the scope of litigation subjects, optimizing the burden of proof system in antitrust litigation, and improving accountability mechanisms for algorithmic price discrimination.