The Anti-nonopoly Law Regulation of Big Data Killing in the Background of Digital Economy

DOI: https://doi.org/10.62517/jel.202414232

Author(s)

Yanting Li*

Affiliation(s)

School of Law, China Jiliang University, Hangzhou, Zhejiang, China

Abstract

In the era of digital economy, technologies such as algorithm recommendation and big data analysis have brought convenience to the production and life of modern society, but they have also generated potential risks. Big data killing not only directly infringes on consumer rights, but also disrupts market competition order. At present, there is no law to determine the legal nature of big data killing behavior, and there is no unified view in the qualitative academic community, which further affects how to use existing laws for regulation. However, the differential treatment of consumers by big data in terms of price constitutes price discrimination, which needs to be regulated by anti-monopoly laws. The characteristics of big data, such as strong concealment and high harm, have brought some problems to the regulation of anti-monopoly laws. Based on these issues, relevant suggestions are proposed for the anti-monopoly law regulation of big data killing, in order to protect consumer rights, ensure effective market competition, and maintain dynamic competition order.

Keywords

Digital Economy; Big Data Kill; Price Discrimination; Anti-monopoly Law Regulation

References

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