The Challenge And Countermeasures Of Algorithm Collusion To The Rules Of Agreement Monopoly Identification

In recent years,the rapid development of algorithm technology and the rise of platform economy have greatly promoted the market competition,but the use of algorithm technology also increases the possibility of collusion between operators to a great extent.The characteristics of algorithmic collusion make the form of collusion more hidden,which leads to the formation of collusion no longer depends on the market structure,which brings great challenges to the current anti-monopoly law enforcement.Therefore,in the era of big data,it is an urgent problem to effectively regulate algorithm collusion and maintain the normal and orderly competition in China’s market.At this stage,China’s anti-monopoly law is still slightly inadequate in regulating algorithmic collusion,facing many difficulties.It is necessary to conduct in-depth analysis and Research on algorithmic collusion based on the theory of anti-monopoly law,economic theory and computer science and technology,and put forward reasonable regulatory suggestions considering the actual situation of China’s anti-monopoly.Collusion has always been the focus of anti-monopoly law in many countries.Algorithmic collusion enhances the concealment of collusion,changes the market structure that generates the agreement,and causes the original framework of monopoly agreement analysis to be unable to adapt to its development.At the same time,as a new form of collusion,algorithmic collusion has become the best choice for operators to achieve collusion,and algorithmic collusion gradually weakens the boundary between collaborative behavior and conscious parallel behavior,so that the existing anti-monopoly law can not effectively regulate it.After analyzing the challenges brought by algorithm collusion,this paper puts forward suggestions from both practical and theoretical aspects.After expounding the basic theory and manifestation of algorithmic collusion,this paper enumerates the influence of algorithmic collusion on the traditional theory of agreement monopoly identification regulation.By analyzing the current situation of identification rules in China’s anti-monopoly law and relevant cases at home and abroad,it leads to four challenges brought by algorithmic collusion for agreement monopoly identification rules.Finally,it puts forward countermeasures from the aspects of theoretical analysis principle,auxiliary evidence identified in practice,agreement concept and supervision.