| With the advent of the digital economy,pricing algorithms are commonly used in online and offline markets and are beginning to reshape the business competition model.Pricing algorithms can provide significant benefits,such as lowering operating costs,facilitating transactions,and reducing consumer search costs,but they also raise competitive concerns.Pricing algorithms can be used as a tool to facilitate explicit collusion,implied collusion,or directly lead to new types of collusion.By analyzing the concept of pricing algorithm collusion and the necessity of regulation,it is found that the current antitrust regulation dilemma of pricing algorithm collusion is mainly reflected in the following three aspects: First,the concept of "collusion" in the current antitrust law can hardly cover all forms of collusion based on pricing algorithm.Secondly,it is difficult to determine the legal responsibility of collusion due to pricing algorithms.When a platform merchant uses the same algorithm provided by the platform to implement price collusion and when the platform merchant uses the algorithm to set the collusive price,whether and how the platform should be held liable for the antitrust violation;when the merchant sets the price through the algorithm provided by the third-party algorithm service provider,how the third-party algorithm service provider should be held liable for the collusive result;when the highly complex pricing algorithm achieves the collusive result through independent learning,who should be held liable? This is a question that the current antitrust law is unable to answer.Third,pricing algorithms also lead to difficulties in antitrust enforcement,such as difficulties in obtaining evidence of collusion,difficulties in applying leniency policies,and challenges to the knowledge structure of antitrust enforcement officers in relation to pricing algorithm collusion.Based on the above-mentioned regulatory dilemma,and taking into account the development of China’s digital economy and the background of the 14 th Five-Year Plan and related policies,the author proposes that we should first innovate the concept of anti-monopoly regulation in China’s digital economy,and change from the concept of "inclusive and prudent" regulation to a comprehensive regulatory concept of "active,cooperative,prudent and legal".The author proposes to change the concept of anti-monopoly regulation in China’s digital economy from the concept of "inclusive and prudent" to the concept of "active,coordinated,prudent and legal",and to establish a digital economy anti-monopoly regulation system with Chinese characteristics by drawing on the experience of digital anti-monopoly regulation in foreign countries.Then the author proposes the antitrust regulation path of pricing algorithm collusion from two levels: legislation and law enforcement.At the legislative level,the author suggests that the key to determining collusion is "competitive effect",and the concept of "collusion" in antitrust law should be expanded to include all forms of collusion based on pricing algorithms.In addition,it is necessary to improve the antitrust liability provisions for collusion,to clarify the subjects of liability,to include digital platforms and third-party algorithm service providers,and to reform the rules for allocating the burden of proof to reduce the cost of antitrust enforcement.At the enforcement level,the author suggests developing digital antitrust enforcement tools such as collusion screening software to regulate technology with technology;establishing an algorithm audit mechanism to allow only compliant pricing algorithms to enter the market;the need for antitrust enforcement officers to innovate digital antitrust theoretical knowledge and practical experience,introducing computer science professionals to make up for the deficiencies of antitrust enforcement officers’ lack of algorithm expertise,and strengthening international antitrust cooperation To effectively regulate collusion on the basis of pricing algorithms. |
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