Research On Anti-monopoly Regulations On Algorithmic Collusion

The rapid growth of the digital economy and the combination of big data and algorithms has changed the competitive dynamics of many business operators and the way they make business and strategic decisions.The widespread use of algorithms,in addition to their positive impact on society,also poses hidden risks to the good order of competition in the marketplace.Because algorithms make it easier for firms to conspire without any formal agreement or human intervention in the process,they undoubtedly make it challenging to enforce antitrust laws and regulate the market.The combination of algorithms and big data has already created market barriers in some areas and shaped entirely new monopoly models.Since 2020,various anti-monopoly initiatives in the digital economy have continued to unfold strongly,and algorithmic conspiracy,corresponding to monopoly agreements in the digital economy,has received wider attention.Although the existing antitrust legal framework can basically solve the problem of "algorithmic conspiracy," the new Antimonopoly Law of2022 includes algorithms as a way to commit monopolistic acts.However,because of the unique formation mechanism and implementation of algorithms,the negotiation and implementation between operators become more difficult to detect,which in a sense increases the difficulty for law enforcement agencies to find clues,collect evidence and identify violations.Therefore,in the current strengthening of antitrust work,it is necessary to start from the manifestation,characteristics and theoretical basis of algorithmic conspiracy and put forward relevant opinions for the analysis of different algorithmic conspiracies,so as to find the right path for the future antitrust regulation of algorithmic conspiracies in China.This thesis will analyze algorithmic conspiracy in the following four parts.In the first part,the basic theoretical knowledge of algorithmic conspiracy is firstly outlined.When conducting regulatory research on algorithmic conspiracy,the basic connotation and characteristics of algorithmic conspiracy should be determined first,and the current division of the types of algorithmic conspiracy should be understood,because the addition of algorithms makes the conspiracy very different from the past.The existence of such differences has changed the conditions of conspiracy,blurred the boundary of illegal conspiracy and made it easier to constitute a prohibited monopoly agreement,which has challenged the existing antitrust regulation system in China.The second part is to discuss the current situation and possible regulatory problems of algorithmic conspiracy in China’s antitrust law.The complexity of algorithmic conspiracy itself has led to controversies in determining the responsibility of algorithmic conspiracy.In addition,the increased intelligence and concealment of algorithms make it difficult to determine implied conspiracy,and the specialization of algorithm updates makes it difficult for law enforcement teams to supervise,which brings about difficulties in law enforcement evidence collection and increased law enforcement costs.The third part mainly introduces that,in the face of the problems encountered in China’s antitrust law regulation of algorithmic conspiracy,although there is no specific judicial practice of algorithmic conspiracy antitrust in China at this stage,the relevant foreign research started early and the theories and theories of academics and law enforcement agencies have gradually matured.Thus,the legal regulation of algorithmic conspiracy antitrust in the United States and the European Union is studied and summarized,which provides inspiration for the future antitrust regulation in China to adopt more flexible criteria for identifying monopoly agreements,to carry out research and investigation of algorithmic conspiracy as well as to be able to implement ex ante regulatory measures for algorithmic conspiracy.In the fourth part,based on the analysis and summary of the problems of the current antitrust law regulating algorithmic conspiracy,we propose relevant suggestions for improvement based on the practice in China.First,because of the different types of algorithmic conspiracies,the corresponding regulatory paths should be proposed for different types of conspiracies.Then,the generalized regulatory path should be proposed,in which we can start from the subject of algorithm conspiracy and the division of responsibility,and clarify the responsibility of algorithm conspiracy,the responsibility of algorithm users,development producers and the algorithm itself.In addition,the intention of the conspiracy should be clarified,and the conspiracy intention can be presumed by using circumstantial evidence.The final point is that the development of algorithms can be regulated in three dimensions,the process of using algorithms can be regulated,and the market structure that is prone to algorithm conspiracy can be regulated,so as to build a multifaceted regulatory system,which can realize the all-round regulation and the whole process of regulation of algorithm conspiracy.