Antitrust Regulation On Collusion With Algorithms

Entering the era of digital economy,algorithm technology is widely used in many fields of 1 life,data exploring and analysis are the basic and also core function of the algorithm,most algorithm applications are based on data exploring and analysis,based on a large number of historical data,to estimate market demand and analyze price changes.Collusion in the sense of antitrust law refers to the act of two or more independent operators in a particular market taking agreements,decisions or other forms to jointly limit the price and quantity of a product or service,excluding or restricting competition.Algorithm collusion refers to the collusion behavior implemented by algorithm,in the era of information technology,algorithm provides operators with more efficient business model,but also provides convenience for competitors to carry out collusion.Collusion with algorithm includes not only the traditional express collusion,but also the implied collusion,and the behavior mainly focuses on horizontal complicity that imposes price restrictions.Algorithm collusion is still a kind of collusion behavior,the subject,purpose and result of collusion are similar to the collusion behavior regulated by traditional antitrust law,the only difference is that the method of collusion is realized,through the introduction of algorithms to make collusion more complex and ingenious,the result is that collusion may avoid the traditional forms,such as agreements,contracts or decisions,and the reach of collusion may become more subtle.The current anti-monopoly regulatory framework may have a certain sense of powerlessness facing new problems such as algorithmic collusion.With the rapid development of technology in the information age,the traditional regulatory framework should not become the shackles of the expansion of ideas,and when facing new problems,we should analyze the specific problem and pay attention to their possible significant impact on market competition.The regulatory proposal of algorithm complicity can be carried out from the perspective of legislation,law enforcement,etc.,while expanding the scope of concept and incorporating it into the scope of anti-monopoly law supervision,clarify the rules of responsibility for algorithmic complicity,enhance the supervision ability of anti-monopoly law enforcement agencies,and enrich the law enforcement means of antitrust law enforcement agencies in order to achieve the goal of protecting efficiency and competition.Collusion with algorithm does not subvert the theoretical framework of traditional antitrust law,but it poses a new challenge to the application of antitrust law.Computer algorithm as a new technical tool,has brought a severe test to anti-monopoly supervision.We need to pay attention to the impact to the development of Internet technology on the traditional anti-monopoly law theory,so as to reduce the lag of the law.broaden the legal regulation ideas,reconstruct the logic of the application of the law,so as to make adequate preparations for the new anti-monopoly supervision in the digital economy era and protect the competitive order under the framework of the market economy.