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The Regulation Problem of Individual Price Discrimination and Its Solution: Based on the Analysis of the “Prohibition of Differential Treatment” Rule |
SU Xinjian, SHEN Yunfeng |
School of Law, Zhejiang Gongshang University |
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Abstract: With the change of commodity pricing mode from unified pricing mode and group price discrimination mode to individual price discrimination mode, the regulation of “prohibition of differential treatment” in the industrial age to adjust the individual price discrimination behavior in the Internet age has caused many problems. First of all, the individualized price discrimination behavior leads to a brand-new collusion behavior of price discrimination. The “prohibition of differential treatment” rule should follow the double standards of “information exchange” and “knowledge rule” to examine price discrimination collusion. Secondly, individualized price discrimination leads to the confusion of dynamic pricing behavior and individualized price discrimination behavior. The “prohibition of differential treatment” rule should follow the “equivalence” rule to distinguish the two kinds of behavior. Furthermore, the individualized price discrimination behavior damages the interests of some consumers but increases the market efficiency, which leads to the contradiction of relevant economic analysis standards. The “prohibition of differential treatment” rule should be comprehensively examined on the basis of damage analysis and efficiency analysis.
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Received: 01 April 2022
Published: 15 November 2022
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