| In the ascendant digital economy today,operators use algorithms to implement collusion risk is increasing.However,under the current analysis framework and regulation system of anti-monopoly laws,it is difficult to effectively regulate the collusion behavior of algorithms.On the one hand,the intervention of algorithm changes the conditions and motivations required for collusion,making it more stable and not easy to break.On the other hand,the diversity,intelligence and concealment characteristics of algorithm collusion deepen the anti-competition effect of collusion behavior,so that it poses new challenges to the practice of antitrust law in the aspects of value balance,agreement identification,intent proof,responsibility attribution and regulation technology.Different times lead to different things,and different things lead to changes.In order to solve these dilemmas in theory and practice,it is necessary to sort out and structure the regulation system of our anti-monopoly law.On the premise of adhering to the principle of fairness first and taking into account efficiency,the concept of prudential regulation should be established,and a diversified regulatory system should be constructed by optimizing the regulatory concept of algorithm collusion,reconstructing the analysis mode of monopoly agreement,improving the proof path of collusion intention,flexibly dividing the illegal liability of algorithm collusion,innovating and enriching the regulatory means of anti-monopoly law enforcement agencies,etc.In order to maintain an orderly competitive market environment,we can effectively respond to the pain points and difficulties of algorithm collusion anti-monopoly law regulation. |