Research On The Anti-monopoly Regulation Of Price Algorithm Collusion

In recent years,the rapid development of algorithm technology is changing the competitive pattern and business model of enterprises,Which Improves the efficiency of enterprises and promotes the competition in the market.However,the use of algorithm also greatly increases the potential possibility of collusion among enterprises,especially tacit collusion,which impedes effective competition of the market.The Antitrust Law in China has not regulated tacit collusion,Because of the internal instability of it.However,the development and application of algorithm has changed the characteristics of market,which has greatly reduced the internal instability of tacit collusion,and increased the ways to reach tacit collusion.So,its anti-competitive effects are more heavily than explicit collusion.The price collusion of algorithm challenges the traditional theory of collusion,which will become a difficult thing for Anti-trust law in the future.Therefore,it is necessary to research the regulation of price collusion of algorithm.This dissertation is made up of four parts:The first part is mainly summarizes the concept and effect of traditional collusion,and introduces the collusion of price algorithm based on the fact of using algorithm in practice.The second part introduces the collusion of price algorithm.Firstly,it introduces what is algorithm,and makes a distinction between algorithm and its related concepts,such as big data and artificial intelligence.And tells what price algorithm collusion is.Secondly,the paper introduces the classification of collusion in price algorithm.Finally,compares the collusion of price algorithm with traditional collusion.The third part mainly analyzes the necessity of regulation for price algorithm collusion in Anti-trust Law.Firstly,the competitive effect is analyzed.Secondly,the paper analyzes the dilemma of the application of the Anti-trust Law to the price collusion of algorithm.Finally,by analyzing the typical cases of price collusion of algorithms in foreign countries,the necessity of regulating price collusion of algorithms is illustrated further.The fourth part mainly studies the legal regulation scheme of price algorithm collusion.Firstly,it clarifies the subjects and behaviors of the algorithm collusion.Secondly,the corresponding regulatory measures are proposed,namely,recordation system and the algorithm of compliance system.Furthermore,the illegality of collusion of price algorithm is identified and corresponding analysis methods are selected according to different types of algorithm collusion.Finally,the specialization and technicalization of the regulatory subject and its function are pointed.And it is also necessary to establish appropriate rules of evidence and legal liability.