Big data "killing"，can be simply understood as the operator’s use of big data analysis methods，Use the information advantage you have，Treat new and old customers differently，Set higher prices for old customers，Causing old customers to suffer losses。Essentially，Big data’s “killing” behavior is personalized “differentiated bet with bet365”。Operator for marketing purposes，Use big data technology to segment consumers，Predicting consumers’ willingness to pay for goods or services，Provide different prices for consumers to purchase goods and services。Differential bet with bet365 in progress，The seller’s goal is to avoid losing price-sensitive customers，Increase the price that price-insensitive customers pay for goods or services。This is the idea behind "differentiated bet with bet365" - setting prices based on demand or customer willingness to pay，Instead of cost。

Recently，Shenzhen Municipal People’s Congress released the “Shenzhen Special Economic Zone Data Regulations” (Draft for Comments)，It stipulates that market entities are not allowed to pass data analysis，Implementing differential treatment against counterparties with the same transaction conditions without justifiable reasons。Violation of the above regulations，Except for confiscation of illegal gains，Things that are serious or cause serious consequences，A fine of less than 50 million yuan or less than 5% of the previous year’s turnover，And can issue license revocation certificate、Restriction on production and business activities、Order to close and other penalties。This provision has a certain rational basis。However，The effect of differentiated bet with bet365，Need to observe from both positive and negative aspects。

From the perspective of negative effects，Because online retailers can highly granular and observe consumers’ online behavior，But consumers cannot scrutinize the bet with bet365 behavior of online retailers with the same level of granularity，Consumers do face the risk of differentiated bet with bet365。A consumer did not choose a cheaper supplier for the same products and services，It does not necessarily mean that consumers prefer the current merchants，They may not see the appeal of other options。Consumers may be based on consumption habits and online shopping prices、Failure to make a more reasonable choice due to lack of skills compared to quality。corresponding，Charge higher prices to these consumers，No doubt taking advantage of the ignorance and weakness of such immature consumers。Algorithm-based price discrimination raises concerns about distributive justice。Groups that are not very good at digital operations，The selected goods and services will be inferior in price or quality to those who are proficient in digital operations。To solve this problem，More difficult。Because，The feedback behaviors of vulnerable consumers and consumers with fixed brand preferences during the shopping process are similar，Legislation should protect vulnerable consumers，Rather than consumers with fixed brand preferences。The negative effects of differentiated bet with bet365，Really needs a legal response。

However，Before the law responds，We should also see the positive benefits brought by differentiated bet with bet365。Some forms of differentiated bet with bet365 have a certain basis for rationality。For example, the traveler travels at a time closer to the travel date，Buy a ticket or book a hotel room，They usually pay more for the same ticket or the same hotel room。Economics research shows，This type of time-of-use bet with bet365 is beneficial to both businesses and consumers。This is actually a price fluctuation based on demand and willingness to pay。Few people object to such differential bet with bet365。Economics theory generally believes that，The implementation of differential bet with bet365 is important to enterprises，There will be costs，But it can also bring benefits，Generate motivational effect。Especially when the seller has some market power，Differential bet with bet365 can often expand market size。For example，The matinee prices at movie theaters are often relatively favorable，Such differential bet with bet365 can give movie lovers with tight budgets more choices。If movie theaters cannot use this differential bet with bet365，Keep prices high and leave room open，Meaning that movie theater profits will decrease，The number of people receiving entertainment will also decrease accordingly。From this perspective，Differential bet with bet365 may allow sellers to reach more customers，Generate motivational effect，Improve the welfare of enterprises and consumers。

The weighing of pros and cons of differentiated bet with bet365 reveals a more appropriate legal response，Perhaps it is not a strict prohibition on differential bet with bet365。Analysis of this issue，First of all, we need to consider the challenges faced by differentiated bet with bet365，Also，There are also two normative values ​​that need to be considered。The first aspect is economic efficiency，We should pay attention to the impact of this behavior on the total consumption surplus；The second aspect needs to be observed from the consumer’s perspective，Is there an unfair transaction，Is there unfair treatment of social groups。From the perspective of challenges faced by differentiated bet with bet365，Merchant must know consumers’ willingness to pay。Even for companies with large amounts of data and computing power，This is also a complex issue。Also，Considering the impact from competition，Even if the merchant knows that the customer is willing to pay a higher price，Extensive competition will also limit merchants’ options to increase prices。Again，If merchants can overcome the above two difficulties，Perform personalized bet with bet365，It must also be careful，Avoid alienating customers who find this bet with bet365 strategy inherently unfair。

From the perspective of consumption surplus，Businesses want to expand the potential buyer group，Set more favorable trading conditions for new customers，This kind of discount often comes from the transfer of profits gained from transactions between merchants and old customers。Overall，As long as there are constraints from external market competition，Large-scale differentiated bet with bet365 will not result in a net loss of overall welfare for the consumer group。In the eyes of economists，Differentiated bet with bet365 is neutral。Except that a monopoly by one firm reduces overall consumer surplus，Should be deemed to constitute abuse of dominant market position，In other circumstances，The impact of algorithm-based price discrimination on consumer welfare is ambiguous。

From the perspective of fair trading rights，The right to fair trade does not mean that the provider of goods or services has a legal obligation to treat all trading partners with the same trading conditions，This is not the connotation of the right to fair dealing。Some legal scholars believe，Built on equality、Transactions on a voluntary basis shall be presumed to be fair。In business practice，Considerations based on different scenarios，In different time periods and different geographical ranges，Set different prices for the same goods or services，There is a certain rational basis。Also，bet with bet365 also have various tools，Can help you find better prices。The simplest of these tools is the search engine，Another example is the use of price comparison and price tracking websites，This type of website can display the current prices of similar items from many different online sellers at one point in time，Making it easier for buyers to see the full price range。

The above analysis reveals that the "maturity" of big data can be left to the market to adjust to a certain extent。The law should not completely deny differential bet with bet365 under big data。Of course，The combination of differentiated bet with bet365 and big data worries people，Some consumers may be worse off as a result，Meanwhile，They know very little about their changing situation。Merchants considering implementing differentiated bet with bet365，Users’ consumption habits are often analyzed by collecting users’ personal information，Use this information to label users and treat them differently，Therefore，Merchant is obliged to comply with legal provisions on personal information protection，Collecting、Storage、Obtain user consent when using consumers’ personal information。Also，Merchant bet with bet365 often lacks transparency，The legal aspect may consider introducing a mandatory disclosure system，Prompt consumers that the search results they obtain have "customized" attributes，And the variables that affect the price of the goods or services it provides，Ensure consumers’ rights to know and choose are respected。

In reality，Some companies have used big data for targeted marketing，Start trying differentiated bet with bet365。The focus of legal attention should be whether the operator has abused its market dominance，Are there any arrangements that violate competition。Algorithm-based differential bet with bet365 may intensify competition，And provide consumers with a more personalized shopping experience，Some consumers benefit，Some consumers suffer。Only if differentiated bet with bet365 harms competition、The interests of protected vulnerable groups or when there is fraud，Legal intervention is necessary。Only when there is differential bet with bet365 that is very serious and long-term harmful to consumer interests and other remedies have failed，It is appropriate to consider the use of administrative measures。These measures include price regulation、High penalties、Restriction on production and business activities、Order to close, etc.。Actually，Many of the issues in differential bet with bet365 can be addressed by regulating the market itself and enforcing existing anti-discrimination、Anti-unfair competition、Privacy and Personal Information Protection、Consumer rights protection and relevant systems in the e-commerce law shall be addressed。Considering the pace of development of technology and business practices，The commercial application of big data deserves continued attention，Especially where companies use sensitive information in a way that is not transparent to users and exceeds the boundaries of existing regulatory frameworks。Present，Companies are paying more and more attention to big data and consumer analysis，Lawmakers need to consider what best promotes efficiency、Fair and innovative policies。

(Author’s affiliation: Civil and Commercial bet with bet365 School of Southwest University of Political Science and bet with bet365)