Research On Anti-Monopoly Law Regulation Of Algorithmic Collusion

In the era of digital economy,the wide application of algorithms and "Internet plus" technology,as well as the rise of platform economy,have profoundly affected the business methods and competitive strategies of operators.In recent years,algorithmic collusion cases have successively occurred in European and American countries.With the help of algorithms,operators can quickly and accurately make price adjustments based on changes in the market environment.However,the use of algorithms not only produces positive competitive effects,but also poses a significant challenge to traditional antitrust law theories that regulate collusion.The algorithm increases the motivation for collusion among operators,and the collusion forms formed by the algorithm are more hidden,and the structure of collusion groups is more stable.On the one hand,algorithmic collusion expands the scale of collusion groups and breaks through the framework of "anthropocentrism",making them more anti-competitive;On the other hand,algorithmic collusion reduces dependence on the market environment,which can cause greater harm to market competition and consumer interests.Based on the anti-competitiveness of algorithmic collusion,effective regulation of it has become an urgent issue in China’s anti monopoly law.Article 9 of China’s newly revised "Anti monopoly Law" has clearly stipulated that it is prohibited to use algorithms to achieve the monopolistic behavior specified in this Law,which proves that algorithmic collusion has not actually broken through the regulatory framework of China’s current anti monopoly law.However,currently,China’s antimonopoly law still faces many difficulties in regulating algorithmic collusion: the consistent behavior generated by algorithmic collusion blurs the boundary between cooperative behavior and parallel behavior,subjective consensus is difficult to prove,indirect evidence proof standards are unclear,the distribution of legal responsibility is unclear,and regulatory mechanisms have limitations that hinder the effective regulation of algorithmic collusion by antimonopoly law.Therefore,it is necessary to conduct in-depth analysis and research on algorithmic collusion based on the combination of antitrust law and economic theory,and combine the experience and exploration of regulatory algorithmic collusion in developed countries such as the United States and the European Union to summarize reasonable and feasible suggestions for regulating algorithmic collusion in China’s antitrust law from multiple aspects: clarify the principles for analyzing the illegality of algorithmic collusion;Refine the identification path of collaborative behavior so that algorithmic collusion can be included in the scope of the Anti monopoly Law;Improve the standard of proof for indirect evidence,clarify the type and effectiveness of indirect evidence,clarify the legal responsibility subject and responsibility allocation principle of algorithmic collusion,and reasonably regulate algorithmic collusion.We should also improve the regulatory system for algorithmic collusion,attach importance to improving the review mechanism and algorithm filing system at the algorithm development stage,reduce the risk of collusion,and create a good market competition environment.