On Anti-monopoly Law Regulation Of Algorithm Collusion

In the era of artificial intelligence,with the continuous improvement of platform services and the continuous growth of data usage,algorithm technologies with natural advantages in data processing have emerged and gradually become stronger.After using algorithm technology in business activities,enterprises improve the production efficiency,provide goods more in line with market expectations,and meet the various needs of consumers.But,in addition to the positive effect to the market,the application of the algorithm also brings new risks to healthy market competition order,between enterprises using algorithm technology collusion monopoly behavior,is one of the negative effects of need attention,algorithm in various industries,greatly improve the possibility of collusion between them,algorithm collusion behavior arises at the historic moment.Algorithm collusion is essentially a special form of monopoly agreement,and the restriction caused by this behavior and the effect of excluding market competition are the same as the impact of monopoly agreement on the market.However,compared with the process of reaching the traditional monopoly agreement,the monopoly intention and monopoly information exchange of the participants are hidden,and the cooperation of the monopoly members is stable.Algorithm collusion,overall can be divided into messenger algorithm collusion,axis radial algorithm collusion,prediction algorithm and autonomous learning algorithm collusion four types,the characteristics of different types of algorithm collusion each,compared with the traditional monopoly agreement,only updated on the means of communication,others in form and traditional monopoly form is completely different.When the existing anti-monopoly law regulates the algorithm collusion,there are still the following difficulties: it is difficult to define the collusion subject,the algorithm collusion subjective contact is difficult to apply the traditional anti-monopoly supervision means and the responsibility distribution of the monopoly subject in the algorithm collusion.In the face of the above difficulties,our country the relevant legal system has been constantly updated and improve,but under the background of digital economy,new forms new economic model rapid development,monopoly behavior performance is increasingly complex,which requires change regulation idea,clear regulation target,improve the regulation system and improve the relevant law enforcement ability.By studying the legal provisions of the United States and the European Union on the anti-monopoly regulation of platform enterprises,combined with the typical collusion cases in the practice of the United States and the European Union,we consider the enlightenment of the regulation of algorithm collusion anti-monopoly law in China.In dealing with the issue of algorithm collusion,we should uphold the concept of inclusiveness and prudence,not only adhere to maintain fair market competition,but also respect the laws of the market economy and consider new problems,and clearly encourage innovation.When regulating the behavior of algorithm collusion,the responsible subject of algorithm collusion should be defined and uphold the human-centric perspective;make full use of indirect evidence and environmental evidence;comprehensively consider the competition effect;improve the ability of using technology in anti-monopoly law enforcement and innovate the method of collecting evidence;Reasonably allocate the monopoly responsibility of all parties in the algorithm collusion.