Research On Anti-monopoly Regulations Conspired By Pricing Algorithms

In the era of the digital economy,the rapid development of big data and intelligent algorithms has profoundly changed the competitive pattern of operators and the competitive landscape of the market.The use of pricing algorithms helps to improve market economic efficiency,reduce production costs,and improve consumer welfare.However,while the pricing algorithm increases market transparency and transaction speed,it obviously enhances the possibility of tacit collusion between operators.The concept of pricing algorithm collusion came into being.As the pricing algorithm becomes more complex,its impact on the market competition order has to be guarded against.Compared with traditional monopoly agreements,pricing algorithm collusion reflects new features and types.Pricing algorithm collusion expands the participants of collusion achievement and implementation.The pricing algorithm itself and the pricing algorithm provider become conspiracy participants,and the pricing algorithm becomes the collusion implementer.The pricing algorithm collusion is completed online,and the collusion behavior tends to be high-speed and dynamic,enhancing the concealment of the collusion.The collusion of pricing algorithm with effective supervision mechanism can realize the monitoring of colluding counterparties,and the collusion structure tends to be stable and stable.The new features of the pricing algorithm collusion have brought serious challenges to the current antitrust regulations.This is mainly reflected in the challenges brought by the collusion of pricing algorithms to the traditional antitrust law theory and the predicament of antimonopoly laws and regulations on pricing algorithms.First,the pricing algorithm collusion changed the market conditions reached by the collusion.The development of big data and the widespread use of pricing algorithms have improved market transparency.The development of the Internet platform economy has lowered market entry barriers.Pricing algorithm collusion has not occurred in the market environment in the past Can still be achieved and maintained steadily.The use of pricing algorithms has also changed the motivation for collusion.In the digital economy,price tends to collusion is an inevitablechoice for operators to profit.The pricing algorithm also blurs the boundary of collusion.Not only is it difficult for operators to determine the intention of collusion using pricing algorithm,but also the collusion behavior that pricing algorithm implements independently is also a blank of anti-monopoly regulations.Secondly,the conspiracy of pricing algorithms by the current anti-monopoly regulations has difficulties on many levels.At the level of collusion subject,since the pricing algorithm itself is not the subject of collusion implementation as defined by the antitrust law,the pricing algorithm also does not have independent civil capacity and civil rights capability,making it difficult to identify the pricing algorithm as a collusion subject.At the level of the nature of collusion,it is difficult to determine the nature of collusion behaviors in the axial,predictive,and autonomous categories.At the level of collusion intentions,due to the concealment of the pricing algorithm collusion and the lack of traditional anti-monopoly regulations,it is difficult to determine the collusion intentions of the operators.At the level of collusion legal liability,it is difficult to blame on the pricing algorithm,and there is no basis for the operator to assume ultimate responsibility.Regarding the dilemma of anti-monopoly laws and regulations pricing algorithm collusion,we can explore the path of China's anti-monopoly laws and regulations from many aspects.First,optimize the concept of anti-monopoly regulations and pricing algorithm collusion,adhere to the cautious supervision under the modesty concept and reasonably weigh the relationship between the order of competition and the protection of consumer rights and interests;Including redefining the concept of a monopoly agreement,using reasonable principles to determine the nature of collusion,reasonable use of indirect evidence,and improving the distribution of legal responsibilities;The use of technical means in antitrust law enforcement and the transparency rules of algorithms in antitrust law enforcement.