Research On Algorithm Collusion By Antitrust Law

With the rapid development of algorithm technology,operators are more and more using algorithms for pricing,or using algorithms as a bridge to communicate with each other.The extensive commercial application of the algorithm may have the effect of restricting competition while bringing market transparency,and become a tool for collusion among operators.Algorithm makes the collusion between operators more covert,and algorithm collusion is more and more concerned by law enforcement agencies.Theoretically,due to the high concealment and technicality of algorithm collusion,the existing framework is difficult to identify the implied algorithm collusion,and the regulation of anti-monopoly law can not be started.From a practical point of view,the responsibility subject of algorithm collusion is controversial,and the responsibility undertaking is vague.The supervision and law enforcement system should be further improved.Starting from the definition of algorithm collusion,this paper analyzes the competitiveness of algorithm collusion,explores the impact of algorithm on the traditional collusion theory,puts forward the difficulties encountered by algorithm collusion in the regulation of anti-monopoly law,and intends to provide solutions to the problem of algorithm collusion.The main body of this paper is divided into four parts,which are as follows:The first part summarizes the basic theory of algorithm collusion.Algorithmic collusion can promote technology improvement and improve the efficiency of market operation,but at the same time,it also causes greater damage to the natural law of the survival of the fittest in the market and damages the interests of consumers.The algorithm impacts on the traditional collusion theory: promoting the formation and maintenance of collusion,reducing the requirements of market concentration and weakening market barriers.The second part analyzes the identification of algorithm collusion.First of all,it analyzes the main elements,behavior elements and result elements of generalalgorithm collusion.Secondly,the algorithm collusion is divided into messenger type,hub and spoke type,prediction type and machine learning type.Finally,the algorithm collusion in the form of protocol,decision and other cooperative behaviors is identified.The third part studies the main body and responsibility of algorithm collusion.The anti-monopoly law of our country punishes the operator as a single punishment system,but at present,it has not stipulated the criminal responsibility;through the analysis of the subjective intention of the third party and the relevance of the algorithm,it studies and judges the responsibility of the third party;the machine can not be the subject of the anti-monopoly law responsibility,can not bear the responsibility,should be borne by the algorithm developer or user behind it.The fourth part discusses the supervision system of algorithm collusion.By reasonably positioning algorithm transparency,strengthening algorithm technical supervision,improving supervision and reporting mechanism,and improving the way of indirect evidence identification,the regulatory system of algorithm collusion is further constructed.With the development of intelligent technology,algorithmic collusion has become the focus of anti-monopoly law.In this paper,the identification of algorithmic collusion and other regulatory issues of anti-monopoly law are explored in order to provide theoretical support and practical inspiration for the regulation of algorithmic collusion.