Research On The Regulation Of Antitrust Law Of Algorithmic Collusion

With the rapid development of China’s digital economy,the computer algorithm accompanied by artificial intelligence has given birth to an increasingly rich business model.More and more operators use computer software algorithm to improve the pricing model,upgrade customer service and forecast market demand.In this context,the problem of competition law caused by computer algorithms has attracted more and more attention from the major anti-monopoly jurisdictions in the world in recent years,and the competition law cases related to algorithms have also appeared in Europe,the United States and other regions.Due to the differences in forming conditions and regulatory ideas between collusion reached by computer algorithm and monopoly agreement in traditional anti-monopoly law,the regulatory methods of collusion in existing anti-monopoly rules in China can not fully apply to algorithm collusion.At present,the theoretical research and practical experience of algorithm collusion in China are few,and the existing anti-monopoly theory can not fully adapt to economic society Therefore,it is necessary to further explore the regulatory path of antitrust law to the problem of algorithmic collusion.As a new type of monopoly agreement,algorithmic collusion is analyzed on the premise of grasping its basic theory.With the rapid development of computer technology,the algorithm has penetrated into every aspect of people’s daily life,and its most common function is dynamic pricing of goods and services,also known as pricing algorithm,which is mainly discussed in this paper.In essence,algorithm collusion is still collusion behavior,which is mainly manifested in horizontal price collusion in practice.Currently,the internationally recognized view is that algorithm collusion is divided into four kinds,but there is no typical case in the most intelligent autonomous collusion practice.In addition,based on its intelligence and concealment,the algorithm collusion has a great effect of eliminating and limiting competition,and the participation of the algorithm increases the effect of tacit collusion.The current anti-monopoly law of our country can’t adjust the new monopoly agreement effectively.On the one hand,the intervention of algorithm brings challenges to the theory of monopoly agreement of traditional anti-monopoly law.Traditional collusion is easier to form in the market with more concentrated market and higher barriers to market entry,and there are factors to reduce the collusion motivation.Traditional collusion also has endogenous instability,but the participation of algorithm leads to collusion is likely to have lower market concentration and lower barriers to market entry In addition,the algorithm can further stabilize the collusion with the characteristics of its concealment.On the other hand,algorithmic collusion also brings difficulties to the practice of anti-monopoly law.At present,the terms of monopoly agreement in the anti-monopoly law do not include algorithmic collusion and implied collusion in the scope of adjustment,which brings implementation difficulties to algorithmic collusion in the identification and attribution of monopoly agreement,as well as the identification and proof of implied algorithmic collusion.In order to solve the above problems,first of all,we need to analyze the legislative purpose of the anti-monopoly law of China and the value concept it follows.This paper holds that China’s anti-monopoly law should follow the concept of restraining regulation and giving priority to the order of competition and giving consideration to efficiency when regulating the collusion of algorithms.Secondly,in the identification of the subject elements,we should reasonably allocate the subject responsibility according to the intelligent degree of the algorithm in the collusion.In the identification of the subjective elements,we should take the idea of comprehensive analysis of direct evidence and indirect evidence.Finally,on the system response of antitrust law to the problem of algorithmic collusion,one is to improve the legal text of China’s antitrust law,on the basis of an extended understanding of the concept of monopoly agreement,the new type of monopoly agreement,algorithmic collusion,is explicitly included in the legislative text of antitrust law;the other is to apply explicit algorithmic collusion to its own violation in the mode selection of algorithmic collusion practice Law principle,implied algorithm conspire to use the reasonable principle to analyze and determine.At the specific implementation level,on the basis of prudential supervision,the regulatory authorities can adopt the "negative list" type regulatory mode for the application of algorithm to provide behavior guidance for law enforcement agencies and operators,while the competition law enforcement departments should further innovate and improve the law enforcement means.