At the heart of the issue of personalized pricing is the pricing in the sale and purchase contract. In China, the current research focuses on controlling the behavior of business operators from the perspective of regulation, but this issue is related to the validity of contracts between the parties and needs to be resolved through the coordination of public law and private law.
From the perspective of the stability and application of the existing law, it is preferable to construct a public-private law coordination system with the common regulatory purpose of public law and private law as the connecting point. A system of public-private law coordination that regulates individualized pricing should have as its common goal the protection of contractual freedom and the achievement of contractual justice.
If individualized pricing does not contravene the freedom of form of contract in private law, public law should respect the objectives of private law and not intervene. The exceptions are: on the one hand, if the act of personalized pricing infringes on the substantive freedom of the contract, it is necessary to give the parties the right to get rid of the constraints of the contract through the linkage of the right to interpret the algorithm and the liability for negligence in the contract between public law and private lawOn the other hand, when one party has a monopoly position or abuses its dominant position, it is needless to say that the anti-monopoly law regulates personalized pricing, and the private law must also introduce the regulatory purpose of public law to further give the parties the right to conclude a more favorable contract through compulsory contracting.
In this regard, we also need to take into account the differences between different fields. For example, in the world of e-commerce, personalized pricing is often achieved through algorithms. In this case, we need to focus on the transparency and fairness of the algorithm to ensure that consumers can get a fair **.
We also need to consider the impact of personalized pricing. For example, if a consumer pays more** for personalized pricing, that could have an impact on that consumer's financial situation. Therefore, we need to put in place appropriate regulatory measures to ensure that personalized pricing does not have an unfair impact on consumers.
To sum up, the core of the personalized pricing problem is the pricing in the sales contract. We need to address this issue through the synergy of public and private law in order to ensure freedom of contract and contractual justice. At the same time, we also need to pay attention to the differences between different areas and the possible impact of personalized pricing, and formulate corresponding regulatory measures.