Research On Antitrust Regulation Of Price Algorithm Collusio

Price collusion has destroyed the price mechanism of the market,which has always been regarded as the "first evil" of operators’ abuse behavior,and has become the focus of anti-monopoly law regulation.Therefore,it is of great significance to understand the anti-monopoly law enforcement of digital economy,analyze the legislative current situation and regulatory dilemma of Chinese anti-monopoly law,and put forward possible regulatory suggestions and regulatory measures to strengthen the anti-monopoly law enforcement in the field of digital economy.At present,price algorithm collusion can be divided into four types:messenger collusion,axis-spoke collusion,prediction agent collusion and autonomous collusion.With the development of computer technology,the algorithm makes it easier for operators to achieve price collusion and maintain the organizational stability of price algorithm collusion;on the other hand,it reduces the dependence of collusion on market conditions,enabling collusion,especially implied collusion to occur in the wider market.Based on the anti-competitive effect brought by the price algorithm collusion,it is necessary for us to regulate the anti-monopoly regulations.However,China’s anti-monopoly Law,the Anti-monopoly Guidelines on the platform Economy field and other anti-monopoly provisions can not provide institutional guidance for the collusion of the regulatory price algorithm.In the face of the four difficulties of subject definition,subjective determination,responsibility distribution and anti-monopoly supervision of price algorithm collusion and anti-monopoly law regulation,combined with the experience and exploration of regulation price algorithm collusion outside the domain,we summarize the enlightenment of price algorithm collusion in China.In this regard,we put forward the legal idea of price algorithm collusion: it needs to make clear that the algorithm does not belong to the legal subject;combine the characteristics of axis collusion,prediction agent collusion,autonomy and independent collusion,and the algorithm development and user should follow the benefit and effective control rules,strengthen the antitrust supervision,emphasize the prior supervision of algorithm and data,and strengthen the professional construction of law enforcement agencies.