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特斯拉接入豆包和DeepSeek|南财合规周报(第204期)
每周,"合规周报"会盘点上一周国内外人工智能、互联网平台治理、科技竞争上值得关注的动态。 8月23日,国家发展改革委、市场监管总局、国家网信办联合起草的《互联网平台价格行为规则(征求 意见稿)》(下文简称《行为规则》)对外公开征求意见。《行为规则》对经营者的自主定价权、价格 标示行为、价格竞争行为、消费者价格权益保护与监督机制等进行规定,有效回应了平台经济领域的热 点问题。 具体内容方面,《行为规则》保障经营者自主定价权,平台经营者不得违反电子商务法第三十五条规 定,采取限制流量、屏蔽店铺、下架商品或者服务等措施,对平台内经营者的价格行为进行不合理限制 或者附加不合理条件。 监管治理 1 三部门拟规范平台定价机制,涉及"大数据杀熟"等问题 针对实践中频发的"大数据杀熟""算法歧视"等问题,《行为规则》也进行了规定。平台经营者、平台内 经营者如没有正当理由,不得在消费者不知情的情况下,对同一商品或服务在同等交易条件下设置不同 的价格或收费标准。 2 强化直播电商乱象治理,"东北雨姐"再被点名 8月22日,国家市场监督管理总局局长罗文在"高质量完成'十四五'规划"系列主题新闻发布会上表示, 流量优先、算法滥用、竞 ...
沈阳工业大学副教授田宇:“内卷式”竞争 平台通过数据优势实施“数据封锁”
Sou Hu Cai Jing· 2025-08-15 03:35
Core Viewpoint - The platform economy is currently trapped in a "low-price competition" and "subsidy war" dilemma, necessitating urgent solutions to transition towards healthy competition focused on efficiency and service [1][23]. Group 1: Investigation Initiatives - The "Breaking 'Involution' and Reshaping Ecology" investigation action was initiated by the Digital Economy New Media & Think Tank Network Economic Society to promote healthy development in the platform economy [1][23]. - This investigation follows the significant achievements of last year's "Refund Only" investigation, aiming for a more comprehensive and in-depth analysis [1]. Group 2: Expert Involvement - The investigation involves collaboration with university professors, associations, think tank experts, investors, lawyers, and analysts to deeply interpret the "involution-style" competition in the platform economy [9]. - A report titled "2025 Platform Economy 'Anti-Involution' Analysis Report" will be published as a result of this investigation [9]. Group 3: Key Issues Identified - The investigation highlights several practical challenges in applying core legal principles, such as the difficulty in cost recognition for predatory pricing and the ambiguity in defining market dominance in a two-sided market [11][12]. - Issues related to algorithmic collusion and the challenges of proving such behavior under current antitrust laws are also emphasized [13]. Group 4: Legal Gaps and Recommendations - There is a lack of clarity in recognizing data abuse and data monopoly, which hampers effective enforcement against platforms that utilize data advantages to stifle competition [14]. - Recommendations include refining platform economy-specific regulations, enhancing data and algorithm governance, and optimizing enforcement mechanisms and liability systems [18][19][20]. Group 5: Focus Areas of Investigation - The investigation will focus on various sectors, including retail e-commerce platforms (e.g., JD.com, Taobao, Douyin), local life (instant retail) platforms (e.g., Meituan, Ele.me), cross-border e-commerce platforms (e.g., Amazon, AliExpress), ride-hailing platforms (e.g., Didi Chuxing), and online travel platforms (e.g., Ctrip, Qunar) [24][32].
当“大数据杀熟”遭遇用户“反向驯化”——数字“迷宫”中,如何寻找公平的出口?
Xin Hua Wang· 2025-08-12 06:00
Core Viewpoint - The article discusses the phenomenon of "big data price discrimination" where consumers face higher prices based on their purchasing behavior and history, leading to a growing backlash and various strategies from users to combat this issue [1][2][3]. Group 1: Consumer Experiences - Consumers have reported experiencing price discrepancies for the same products based on their shopping frequency, with examples of individuals finding price differences of 10 yuan for the same item when using different accounts [2]. - Common forms of "big data price discrimination" include automatic price increases after multiple views and different prices for the same product at the same time for different users [2][3]. Group 2: Legal and Ethical Considerations - The distinction between "big data price discrimination" and legitimate "differential marketing" is legally ambiguous, requiring clearer guidelines for recognition [3][9]. - Legal frameworks have been established to protect consumers' rights against "big data price discrimination," emphasizing the need for algorithm governance to ensure fair practices [9][10]. Group 3: User Strategies - Users are employing various tactics to counteract "big data price discrimination," such as creating multiple accounts, using different devices, and posting reverse comments to signal financial constraints [4][6]. - The effectiveness of these strategies is debated, with some users reporting temporary success, while others find that such tactics do not consistently yield lower prices [6][7]. Group 4: Industry Response and Governance - Recent initiatives by platforms aim to address "big data price discrimination," with companies like Pinduoduo and Tencent announcing measures to enhance algorithm transparency and consumer protection [9][10]. - The article highlights the need for a collaborative approach among government, businesses, and consumers to establish a fair digital economy and mitigate the impacts of "big data price discrimination" [10].
价格法修订三大亮点值得关注
Zheng Quan Ri Bao· 2025-07-27 15:49
Key Points - The National Development and Reform Commission and the State Administration for Market Regulation have released a draft amendment to the Price Law for public consultation, marking the first revision since its implementation in 1998 [1] - The revision aims to address social concerns and is timely, focusing on three main highlights [1] Highlight 1: Addressing "Involution" Competition - The amendment clarifies the standards for identifying unfair pricing behaviors, particularly enhancing the criteria for recognizing predatory pricing. The scope of predatory pricing has been expanded to include both goods and services, and the focus is on whether there is intent to disrupt competition or monopolize the market [2] Highlight 2: Targeting "Big Data Price Discrimination" - The draft includes provisions that prohibit operators from using data, algorithms, and technology to engage in unfair pricing practices. This addresses the growing issue of "big data price discrimination," where consumers face different prices for the same product based on their browsing history or device used [2] Highlight 3: Increased Penalties for Pricing Violations - The proposed changes increase the penalties for violations of pricing regulations, raising the maximum fines for serious offenses. This aims to deter operators from engaging in price violations and to maintain market order [3]
7.25犀牛财经早报:期货沉淀资金总量创历史新高 大数据杀熟问题有望解决
Xi Niu Cai Jing· 2025-07-25 01:37
Group 1 - The total amount of funds in the futures market reached a historical high of nearly 778.3 billion yuan, with 19 varieties exceeding 10 billion yuan in funding, indicating strong market interest and improved expectations in the commodity market [1] - New fund issuance has accelerated, with 15 funds announcing effective contracts on July 24, and many shortening their fundraising periods to 3-5 days, reflecting positive market sentiment and increasing attractiveness of equity assets [1] - A total of 74 listed companies completed private placements this year, raising a total of 659 billion yuan, significantly higher than the same period last year, with 6 companies raising over 10 billion yuan each [2] Group 2 - The commercialization process of solid-state batteries is accelerating, with multiple companies reporting advancements in pilot line construction, indicating a shift in focus towards practical applications [3] - The smartphone market in China saw a shipment volume of 68.96 million units in Q2, a year-on-year decline of 4.0%, but expectations for recovery are rising due to the restart of replacement cycles and AI-driven high-end demand [3] - The draft amendment to the Price Law aims to address issues like "big data price discrimination," enhancing legal applicability and market price regulation [4] Group 3 - STMicroelectronics announced an agreement to acquire NXP's MEMS sensor business for up to $950 million, expected to enhance STMicroelectronics' performance significantly [6] - China Ruyi's acquisition of a 30% stake in the third-party payment platform Kuaiqian for 240 million yuan marks its entry into the payment sector, following previous acquisitions in the entertainment industry [6][7] - Huizhiwei announced risks of losing control over its subsidiary Zinitix due to alleged misconduct by current directors, which could have significant financial implications [7][8]
针对“大数据杀熟”等问题作出调整!价格法修正草案公开征求意见
Yang Shi Xin Wen· 2025-07-25 00:38
Core Points - The draft amendment to the Price Law of the People's Republic of China was released for public consultation, focusing on improving government pricing, clarifying standards for identifying unfair pricing behaviors, and enhancing legal responsibilities for price violations [1][2] Group 1: Legislative Changes - The draft includes 10 articles aimed at addressing issues in price management practices that have emerged since the law's implementation in 1998, reflecting significant changes in economic and social development [1] - The amendment seeks to enhance the applicability and effectiveness of the law, adapting to new market conditions and improving the legal framework for price regulation [1][2] Group 2: Government Pricing and Market Order - The amendment aims to refine the government pricing system and establish legal standards for identifying unfair pricing behaviors, thereby promoting a more orderly market price environment [2] - It addresses new challenges such as "involution" competition, "algorithmic pricing," and "big data discrimination," indicating a response to evolving market dynamics and technological advancements [2]
大数据杀熟问题有望解决 价格法修正草案征求意见
news flash· 2025-07-25 00:31
Core Viewpoint - The recently released draft amendment to the Price Law of the People's Republic of China addresses issues such as "big data price discrimination" and aims to enhance legal applicability and effectiveness in price regulation [1] Group 1: Legislative Changes - The draft amendment includes ten key components, such as improving government pricing, establishing standards for identifying unfair pricing behaviors, and strengthening legal responsibilities [1] - The amendment reflects changes in price management practices due to economic and pricing reforms [1] Group 2: Market Regulation - The amendment aims to standardize market pricing order and reinforce price supervision [1] - It addresses new challenges posed by market and technological developments, including "involutionary" competition and "algorithmic pricing" [1]
这个暑期,“大数据杀熟”要被终结了?
Sou Hu Cai Jing· 2025-07-11 00:47
Core Viewpoint - The article discusses the phenomenon of "big data price discrimination" in the hospitality industry, where loyal customers often face higher prices compared to new users, leading to a loss of trust between consumers and platforms [2][6][21]. Group 1: Consumer Experience - Many consumers report experiencing price discrepancies based on their user status, with higher prices for loyal members compared to new users [4][21]. - A survey indicated that nearly 80% of respondents encountered "differential pricing," with specific percentages noting price differences for the same hotel room based on the entry point or account used [6][21]. - Consumers have developed strategies to counteract this issue, such as using different devices or accounts to compare prices, but these methods have limited effectiveness against sophisticated algorithms [5][7]. Group 2: Industry Response - Huazhu Group has introduced a "Price Guarantee" policy through its Huazhu Club, which promises automatic refunds if prices drop after booking, aiming to restore consumer trust [10][14]. - The "Price Guarantee" includes two main components: automatic refunds for price drops and compensation in the form of double points if a lower price is found on partner platforms [12][20]. - Huazhu's approach is seen as a significant move towards transparency in pricing and a potential solution to the ongoing issue of "big data price discrimination" in the industry [18][19]. Group 3: Market Dynamics - The article highlights the competitive landscape where major hotel groups are shifting focus towards direct bookings to reduce reliance on third-party platforms and their associated costs [8][15]. - Huazhu Group, with over 1.1 million hotels and 2.8 million members, leverages its scale and member loyalty to challenge external platform pricing [14][15]. - The ongoing issue of "big data price discrimination" is attributed to platforms utilizing user data to create profiles that allow for price adjustments based on perceived willingness to pay [21].
VIP特权缩水?淘宝88VIP陷“反向优惠”争议
Sou Hu Cai Jing· 2025-05-19 11:09
Core Insights - The article highlights complaints from Taobao's 88VIP members regarding perceived price discrimination, where non-88VIP accounts receive better discounts and offers during promotional events like the 618 shopping festival [3][8]. - Customer service representatives have acknowledged that the pricing for 88VIP members may not always be more favorable than for regular users, attributing this to automated system adjustments based on activity [3][8]. - The increase in complaints about 88VIP membership, particularly regarding pricing disparities and limited coupon usage, suggests a growing dissatisfaction among users who expected exclusive benefits [8]. Group 1 - During the 618 shopping festival, many 88VIP members reported that non-88VIP accounts received more substantial discounts and coupons, leading to frustrations about potential data-driven price discrimination [3][6]. - A specific example noted that an 88VIP member paid 879 yuan for AirPods 4, while a non-member paid only 839 yuan, illustrating the pricing discrepancies [6]. - The official 618 activity guide from Taobao positions 88VIP members as "high-end users" with access to various exclusive benefits, yet these members face higher thresholds to unlock significant discounts compared to regular accounts [8]. Group 2 - Complaints regarding 88VIP membership have surged on platforms like Black Cat Complaints, focusing on issues of price discrimination and restricted coupon usage [8]. - Historical data indicates that pricing issues for 88VIP members are not new; a case from July 2024 showed that some products were priced higher for 88VIP members compared to regular users, with customer service attributing this to varying promotional rules [8].
雷军给五一结婚网友送祝福;网购内衣半年后买新退旧;大数据杀熟进入高发期;饿了么主动加入外卖混战;教授称有望每周上三休四……
Sou Hu Cai Jing· 2025-04-30 03:32
Group 1 - Some Chinese suppliers have resumed shipments to the US at original prices, with customers bearing the tariff costs [1] - Walmart has shifted its stance on tariffs, now requiring US customers to absorb the new import tariff costs while resuming orders from Chinese suppliers [6] - Volvo Cars announced a cost-cutting plan of approximately 18.7 billion USD due to a significant drop in operating profit in Q1 [20] Group 2 - Suining E-commerce reported Q1 revenue of 12.894 billion CNY, a year-on-year increase of 2.5%, and a net profit of 17.96 million CNY, marking a return to profitability [25] - Zhejiang Commercial Bank's total customer deposits exceeded 2 trillion CNY as of the end of Q1, reflecting a 4.4% growth since the beginning of the year [28]