算法价格歧视行为的反垄断法规制研究

Research on Anti-Monopoly Law Regulation of Algorithmic Price Discrimination

摘要: 算法价格歧视行为在当前数字经济时代已经逐渐成为平台企业获取竞争优势的重要手段，其通过收集用户数据、构建“用户画像”并实施“千人千价”的差别化定价提升了市场效率的同时也带来了破坏公平竞争、侵害消费者权益和阻碍市场创新等负面影响。然而当前《反垄断法》在规制此类行为时往往面临市场支配地位认定模糊、监管模式滞后及权利救济障碍等挑战，因此亟需完善市场支配地位的认定标准例如引入用户黏性、数据控制力等参考，推动监管机制创新的同时健全包括集体诉讼制度在内的消费者权益救济途径，通过多方面的规制有效保障消费者合法权益和促进数字市场的公平竞争。

Abstract: In today’s digital economy, algorithmic price discrimination has emerged as a key strategy for platform companies to gain competitive advantages. By aggregating user data, developing “consumer profiles”, and deploying “personalized pricing algorithms”, these practices enhance market efficiency while concurrently generating adverse effects such as distorted competition, infringement of consumer rights, and suppressed innovation. However, the current “Anti-Monopoly Law” faces regulatory challenges, including ambiguities in defining market dominance, outdated supervisory frameworks, and systemic barriers to legal redress. Therefore, it is imperative to refine the criteria for determining market dominance by incorporating factors such as user stickiness and data control power. At the same time, there is a need to innovate regulatory mechanisms and establish comprehensive consumer rights relief channels, including class action systems. Through multi-faceted regulation, it is essential to effectively safeguard consumer rights and promote fair competition in the digital market.