算法"杀熟"需多元共治 □ 刘 诚 □ 随着算法技术的演进，大数据"杀熟"现象已完成从简单粗放到复杂隐蔽的根本性形态变迁。其核心路 径是从基于静态身份的显性价格差异，转向依托人工智能、融合多元情境的隐性系统性博弈 □ 大数据"杀熟"的盛行与平台经济发展阶段直接相关。本质上，这是一种着眼于短期利润再分配的"掠 夺性增长"，而非通过创新与服务提升实现价值增量的"创造性增长"，若任由其蔓延，将从根本上动摇 市场公平原则，危及平台经济的可持续性与长期投资价值 □ 面对日益隐蔽且系统化的算法差别定价，治理须超越单一的事后处罚思维，转向涵盖法律规制、技术 审计、市场结构优化与社会监督的系统性重构。其核心在于重新平衡平台算法权力与消费者权利，引导 技术向善，保障市场公平 近期，市场监管总局依据《中华人民共和国反垄断法》，对携程集团涉嫌滥用市场支配地位实施垄断行 为立案调查，释放了强监管信号。2月1日，正式施行的《网络交易平台规则监督管理办法》更是划出红 线，明确规定平台不得在消费者不知情的情况下，对同一商品或服务在同等条件下设置不同价格或收费 标准。此举旨在根治长期存在的大数据"杀熟"乱象。 然而，现实挑战不容小觑。大数据 ...

Core Viewpoint - The new regulations introduced by the National Market Supervision Administration and the National Internet Information Office aim to create a fair, transparent, and trustworthy online trading ecosystem by addressing long-standing issues faced by both merchants and consumers, such as unfair pricing practices and unilateral changes to service agreements [2]. Group 1: Enhancing Platform Rule Transparency - The new regulations require platforms to prominently display rules on their homepage, ensuring easy access for consumers and merchants, and mandate a minimum notice period of seven days for rule changes, with 15 days for significant modifications [4]. - Platforms must publicly solicit feedback from users and merchants before modifying rules, ensuring that reasonable suggestions are considered and documented for at least three years [4]. - A mechanism for regular communication and consultation regarding significant rule changes will be established, promoting collaborative governance rather than unilateral decision-making [4]. Group 2: Addressing Unilateral Changes by Platforms - The regulations explicitly prohibit platforms from unilaterally modifying membership agreements to impose additional fees or reduce member benefits during the service period, addressing issues highlighted by cases like iQIYI's unilateral changes to its VIP service [6]. - Consumers must be clearly informed of any changes to membership rights before purchasing services, creating a legal framework that reinforces consumer protection [6]. Group 3: Prohibiting Price Discrimination - The regulations specifically ban "big data killing familiarity," which refers to the practice of charging different prices to consumers based on their purchasing history, thus safeguarding consumers' rights to fair transactions [7]. - Platforms are required to provide evidence of the legality and fairness of their pricing mechanisms when consumers raise concerns about discriminatory pricing practices [8]. Group 4: Curbing "Involution" Competition - The regulations address the issue of "involution" in the platform economy, where platforms engage in destructive price competition, by prohibiting forced participation in unnecessary services and ensuring fair competition practices [10]. - Clear guidelines are established to protect merchants' autonomy, including prohibitions against coercive pricing strategies and unreasonable fees [10]. Group 5: Clarifying Notification Obligations and Appeal Rights - The regulations introduce a system for executing platform rules that requires platforms to provide clear reasons and legal bases for any punitive actions taken against merchants or consumers [12]. - Platforms must establish accessible appeal channels and handle appeals in a timely and fair manner, moving away from opaque management practices [12].

Group 1 - The new regulations for commercial bank custody business will take effect on February 1, 2026, establishing basic principles and requirements for banks to enhance governance and management systems [3] - The Financial Regulatory Authority's new guidelines on product suitability management will also be implemented on February 1, 2026, requiring differentiated management based on investor risk profiles and product characteristics [4] - The Administrative Law Enforcement Supervision Regulations will come into force on February 1, 2026, focusing on the supervision of administrative enforcement practices and ensuring compliance with legal standards [5] Group 2 - The Anti-Money Laundering Special Preventive Measures Management Regulations will be effective from February 16, 2026, mandating financial institutions to establish robust internal controls and prohibiting unauthorized lifting of preventive measures [6] - The new regulations on cash payment and service will be implemented on February 1, 2026, ensuring that businesses respect consumers' rights to choose payment methods and maintain adequate cash handling capabilities [7] - The Network Transaction Platform Rules Supervision Management Regulations will take effect on February 1, 2026, prohibiting unreasonable restrictions on operators and consumers, including practices like "big data price discrimination" [8] Group 3 - The Live E-commerce Supervision Management Regulations will be enforced starting February 1, 2026, requiring platforms to adhere to principles of transparency and fairness while clarifying the rights and obligations of all parties involved [9] - The Administrative Penalty Measures for Safety Production Violations will also be effective from February 1, 2026, outlining procedures and types of administrative penalties [10]

Group 1 - The People's Bank of China, in collaboration with the National Development and Reform Commission and the Financial Regulatory Administration, will implement the "Regulations on Cash Payment and Services in Renminbi" starting February 1, 2026. This regulation mandates that businesses must support cash payments in face-to-face services and maintain reasonable change availability [1] - The regulation also requires that self-service devices and areas managed by a unified card system must clearly display payment methods and service contact information. Any conversion fees for cash payments are prohibited [1] Group 2 - The State Administration for Market Regulation and the National Internet Information Office will enforce the "Supervision and Management Measures for Online Trading Platforms" from February 1, 2026. This measure prohibits unreasonable restrictions on operators' business activities and the imposition of unreasonable fees or penalties [2] - The regulation aims to protect consumer rights and prevent practices such as "big data price discrimination" and unilateral changes to platform rules that harm member rights [2] Group 3 - The "Supervision and Management Measures for Live E-commerce" will also take effect on February 1, 2026. This regulation requires live e-commerce platforms to take timely action against violations reported by regulatory authorities, including warnings, limiting functions, and account closures [2] - The measures will include oversight of digital influencers and AI-generated content to prevent the misuse of new technologies for spreading false information, promoting the regulated application of AI in the live e-commerce sector [2]

Group 1: Banking and Financial Regulations - The National Financial Supervision Administration has established the "Supervision and Management Measures for Commercial Bank Custody Business (Trial)" effective from February 1, 2026, which clarifies the concept and basic principles of custody business for commercial banks [1] - The "Financial Institutions Product Appropriateness Management Measures" will also take effect on February 1, 2026, introducing specific requirements for different product types, including risk classification and investor assessment [2] - The "Administrative Law Enforcement Supervision Regulations" will be implemented on February 1, 2026, focusing on the supervision of administrative law enforcement agencies and their adherence to legal standards [3] Group 2: Anti-Money Laundering and Payment Regulations - The "Management Measures for Special Anti-Money Laundering Preventive Measures" issued by the People's Bank of China and eight other departments will come into effect on February 16, 2026, mandating financial institutions to establish internal control systems for anti-money laundering [4] - The "Regulations on Cash Payment and Service" will be effective from February 1, 2026, ensuring that payment units respect the public's right to choose legal payment methods and maintain reasonable cash availability [5] Group 3: E-commerce and Market Regulations - The "Network Transaction Platform Rules Supervision Management Measures" will be effective from February 1, 2026, prohibiting unreasonable restrictions on operators and consumers within the platform [6] - The "Live E-commerce Supervision Management Measures" will also take effect on February 1, 2026, requiring live e-commerce platforms to adhere to principles of transparency and fairness in their operations [7] Group 4: Safety and Compliance Regulations - The "Administrative Penalty Measures for Safety Production Violations" will be implemented on February 1, 2026, detailing the types and procedures for administrative penalties related to safety violations [8]

Core Viewpoint - The implementation of the "Regulations on the Supervision and Management of Online Trading Platforms" aims to address long-standing issues faced by merchants and consumers, establishing a fair, transparent, and trustworthy online trading ecosystem starting February 1, 2026 [1] Group 1: Transparency in Platform Rules - The new regulations will enhance the transparency of rule-making and modification processes, requiring platforms to prominently display rules on their homepage and ensure easy access for consumers and merchants [3] - Platforms must publicly solicit opinions from users and merchants before modifying rules, ensuring that reasonable suggestions are considered and documented for at least three years [3] - A communication and consultation mechanism will be established for significant rule changes, promoting collaborative governance rather than unilateral decision-making [3] Group 2: Protection of Membership Rights - The regulations specifically prohibit platforms from unilaterally changing membership rules to impose additional fees or reduce member benefits during the service period [5] - This legal framework aims to prevent practices like those seen in the iQIYI case, where members experienced a significant reduction in expected benefits due to sudden changes in service terms [4][5] Group 3: Fair Pricing Practices - The regulations address the issue of "big data price discrimination," mandating that platforms cannot set different prices for the same product or service under similar conditions without consumer knowledge [7] - Platforms are required to provide evidence of their pricing mechanisms when consumers claim price discrimination, thereby safeguarding consumer rights [7] Group 4: Regulation of Competitive Practices - The regulations aim to curb "involutionary" competition by prohibiting platforms from forcing merchants into unnecessary services or promotional activities, thus protecting merchants' operational autonomy [9] - Specific illegal practices such as "choose one from two" and unreasonable fees are clearly defined, establishing a comprehensive protection system for all stakeholders involved [9] Group 5: Execution of Rules and Appeals - The new regulations introduce a system for executing platform rules, requiring platforms to provide clear reasons and legal bases when taking negative actions against merchants or consumers [10] - A streamlined appeals process will be established, ensuring that merchants and consumers can challenge decisions effectively and receive fair treatment [10]

Core Viewpoint - The online travel industry leader, Ctrip, is facing multiple crises, including a wrongful termination notice, an antitrust investigation, and allegations of price discrimination through data manipulation, reflecting a broader consumer discontent with internet platforms [4][5]. Group 1: Pricing Discrimination Issues - Consumers have reported experiences of price discrimination, such as significant price differences between accounts or devices, abnormal price increases after repeated searches, and higher prices for long-term users compared to new users [4]. - The algorithmic pricing strategy employed by platforms like Ctrip is a form of price discrimination based on user characteristics, utilizing big data to analyze consumer habits and willingness to pay [4][5]. - Traditional economic theories suggest that reasonable price discrimination can expand market size and efficiency, benefiting both producers and consumers, as seen in practices like discounted afternoon tea in Hong Kong [4]. Group 2: Algorithmic Pricing and Market Dynamics - In the context of platform economies, algorithmic pricing has deviated from optimizing resource allocation and has become a tool for platforms to exploit information asymmetry, leading to consumer trust erosion [5][6]. - Consumers often lack a clear understanding of how pricing mechanisms work, while platforms leverage their data advantages to implement dynamic pricing that consumers may not notice, undermining fairness in the digital market [5]. - Examples of pricing anomalies include varying delivery fees based on smartphone brand and model, and ride-hailing prices that increase based on the user's phone battery level, indicating a shift from efficiency tools to profit extraction mechanisms [6]. Group 3: Regulatory Response and Industry Implications - The Chinese government has initiated regulatory measures, including the issuance of guidelines to standardize pricing behaviors on internet platforms, aiming to protect consumer and operator rights [6]. - Ctrip's recent investigation is not an isolated incident but signals a critical industry-wide issue regarding algorithmic pricing practices, emphasizing the need for transparency and fairness in pricing strategies [6]. - The long-term value of a business is rooted in consumer trust, and sacrificing this trust for short-term gains can undermine the foundation of the digital economy [6].

Core Viewpoint - Ctrip has faced increasing tensions with merchants due to stagnant commission rates and restrictive practices, leading to a significant backlash from the hospitality industry and regulatory scrutiny [1][2]. Group 1: Commission Structure and Merchant Relations - Ctrip's commission rates have remained unchanged for six years, with overall costs for merchants reaching 30%-40% due to various promotional methods [1][11]. - Merchants report that despite high commission rates, declining traffic and average order values have made it difficult to sustain profitability, leading to sentiments of "working for the platform" [1][7]. - The introduction of the "special label" (特牌) for hotels has created additional burdens, as merchants are often restricted from selling on other platforms, impacting their revenue streams [3][4]. Group 2: Regulatory Actions and Investigations - The National Market Supervision Administration has initiated an antitrust investigation into Ctrip for potential abuse of market dominance, which includes examining practices across hotel and flight bookings [2][15]. - The Yunnan Provincial Tourism Homestay Industry Association has begun collecting evidence of unfair competition against Ctrip, indicating a growing movement among merchants to challenge the platform's practices [3][16]. Group 3: Market Dynamics and Competition - The hospitality market in Yunnan is experiencing a significant imbalance, with merchants relying heavily on Ctrip for bookings, often accounting for 70%-90% of their orders [7][11]. - As competition intensifies, the effectiveness of Ctrip's promotional strategies has diminished, leading to increased costs for merchants without guaranteed returns [10][11]. - Ctrip's market share in the domestic OTA sector is approximately 56%, with its strategic investments further consolidating its dominance [14][15]. Group 4: Future Outlook and Industry Implications - The ongoing antitrust investigation may lead to regulatory changes that could reshape Ctrip's operational practices and its relationship with merchants [15][16]. - Industry experts suggest that while regulatory actions may address some issues, the fundamental challenges of oversupply and insufficient demand in the market remain [16][17]. - Ctrip is actively pursuing international expansion to diversify its growth avenues, indicating a strategic shift in response to domestic market pressures [17][18].

Core Viewpoint - The article discusses the phenomenon of "price discrimination" based on user familiarity, referred to as "big data killing familiarity," where loyal customers are charged higher prices compared to new users [1] Group 1: Industry Impact - The government has intervened to stop the practice of charging loyal customers higher prices, which has been a growing concern in various sectors such as food delivery, hotel bookings, and ride-hailing services [1] - The article highlights specific examples where returning customers face higher costs, such as a food delivery service charging 28 yuan for a returning customer while a new customer pays only 18 yuan [1] Group 2: Consumer Behavior - The article illustrates how repeated browsing of hotel rooms can lead to higher prices for the same accommodation, indicating a manipulation of pricing based on user behavior [1] - It also mentions that ride-hailing fares can vary based on the type of smartphone used, suggesting a correlation between device pricing and service costs [1]

Core Viewpoint - The State Administration for Market Regulation has initiated an investigation into Ctrip Group for suspected monopolistic behavior, specifically the abuse of market dominance under the Anti-Monopoly Law of the People's Republic of China [2][6]. Group 1: Investigation Details - Ctrip has been formally investigated for potential monopolistic practices, which could result in fines ranging from 1% to 10% of its previous year's sales if found guilty [6]. - Following the announcement of the investigation, Ctrip's stock on the Hong Kong market fell by 6.49%, closing at 569.5 HKD per share [6]. - Ctrip has faced multiple inquiries from local market regulators since 2025, including issues related to "forced choices" and price fraud [6][8]. Group 2: Compliance Issues - Ctrip holds over 50% market share in the OTA industry but has been criticized for its compliance issues [8]. - The company has been named in reports for illegally collecting and using personal information, with Ctrip Financial being specifically mentioned [9]. - Ctrip's "fast ticket grabbing" service during the 2025 Spring Festival raised concerns of civil fraud, as it misrepresented its relationship with the official ticketing platform [10]. Group 3: Legal and Ethical Concerns - Ctrip has been involved in a notable case of "big data price discrimination," where a customer was charged double the hotel price compared to the front desk rate, leading to a court ruling in favor of the customer [12][14]. - This case has been recognized as a significant example of legal issues surrounding data practices in China [15][16]. - Despite ongoing criticisms and calls for algorithm transparency, Ctrip has not shown signs of acknowledging its compliance failures [18][20].