The Legal Characterization and Regulation of Big Data "Price Discrimination" Behavior

Huixin Tan

doi:10.54254/2753-7048/2025.BR26605

Lecture Notes in Education Psychology and Public MediaOpen access

The Legal Characterization and Regulation of Big Data "Price Discrimination" Behavior

Research Article

Open Access

The Legal Characterization and Regulation of Big Data "Price Discrimination" Behavior

Huixin Tan ^1*

¹ Shandong University

^*Corresponding author: 18765600744@163.com

Published on 9 September 2025

LNEP Vol.112

ISSN (Print): 2753-7056

ISSN (Online): 2753-7048

ISBN (Print): 978-1-80590-339-0

ISBN (Online): 978-1-80590-340-6

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Abstract

With the vigorous development of the digital economy, e-commerce platforms have given rise to a new type of price fraud behavior that combines the appearance of price discrimination and the essence of price fraud, infringing upon consumers' rights and interests and distorting the market economic order. There is still controversy over the legal characterization of big data price discrimination. In practice, it faces problems such as excessive competition and cooperation of legal provisions, lagging regulatory means, and difficulties in consumer relief. It is necessary to regulate it from three aspects: improving relevant legislation, enhancing regulatory quality and efficiency, and protecting consumer rights and interests, in order to achieve consumer rights protection and maintain market economic order.

Keywords:

Big data "price discrimination", Price fraud, Consumer rights protection, Algorithmic regulation

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References

[1]. Yu Ling, "Misinterpretation and Clarification of the Anti-Monopoly Law Attributes of Algorithmic Consumer Price Discrimination, " Legal Science, No. 9, 2020, pp. 83-99.

[2]. Zhu Chengcheng, "Analysis of the Illegality of Big Data Price Discrimination and Exploration of Legal Regulation: An Analysis from the Perspective of Consumer Rights Protection, " Southern Finance, No. 4, 2020, pp. 92-99.

[3]. Huang Yi and Song Ziyin, "Legal Regulation of 'Algorithmic Price Discrimination' in the Context of Big Data", Zhongzhou Academic Journal, No. 4, 2022.

[4]. The Civil Judgment No. 3129 of 2021 issued by the Intermediate People's Court of Shaoxing City, Zhejiang Province.

[5]. Liu Quan, "On the Data Reporting Obligation of Network Platforms", Contemporary Law, No. 5, 2019.

[6]. Hu Xiaohong, "The Construction of the 'Gatekeeper' Obligation in China's Platform Economy Field from the Perspective of Anti-Monopoly Law", Xuehai, No. 2, 2023.

[7]. Hu Bin, "The Theory of Competition and Cooperation of Administrative Legal Norms and the Construction of Applicable Rules: An Analysis Based on 123 Judicial Documents, " Administrative Law Research, No. 2, 2022, pp. 139152.

[8]. Pan Ding and Xie Han, "The Evolutionary Game between Government Regulation and E-commerce Enterprises' 'Price Discrimination' Behavior in the Digital Economy, " Economic and Management, No. 1, 2021, pp. 77-84.

References

[1]. Yu Ling, "Misinterpretation and Clarification of the Anti-Monopoly Law Attributes of Algorithmic Consumer Price Discrimination, " Legal Science, No. 9, 2020, pp. 83-99.

[3]. Huang Yi and Song Ziyin, "Legal Regulation of 'Algorithmic Price Discrimination' in the Context of Big Data", Zhongzhou Academic Journal, No. 4, 2022.

[4]. The Civil Judgment No. 3129 of 2021 issued by the Intermediate People's Court of Shaoxing City, Zhejiang Province.

[5]. Liu Quan, "On the Data Reporting Obligation of Network Platforms", Contemporary Law, No. 5, 2019.

[6]. Hu Xiaohong, "The Construction of the 'Gatekeeper' Obligation in China's Platform Economy Field from the Perspective of Anti-Monopoly Law", Xuehai, No. 2, 2023.

Cite this article

Tan,H. (2025). The Legal Characterization and Regulation of Big Data "Price Discrimination" Behavior. Lecture Notes in Education Psychology and Public Media,112,54-64.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

About volume

Volume title: Proceedings of ICILLP 2025 Symposium: Digital Governance: Inter-Firm Coopetition and Legal Frameworks for Sustainability

ISBN: 978-1-80590-339-0(Print) / 978-1-80590-340-6(Online)

Editor: Renuka Thakore, Tonejit Gad-Harry

Conference website: https://2025.icillp.org/Bristol.html

Conference date: 18 September 2025

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.112

ISSN: 2753-7048(Print) / 2753-7056(Online)

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