On Anti-monopoly Law Regulation Of Algorithmic Collusion

Digital economy,a large number of orderly growth of data for the development of algorithms to provide sufficient nutrients,more and more operators through the algorithm to assist the operation behavior,improve business efficiency.However,when computer algorithms help operators reach business agreement,algorithmic complicity occurs.With the role of human will in business behavior is getting smaller and smaller,algorithmic complicity can be divided into four scenes,messenger scene,central radiation scene,predictive agent scene,electronic eye.Because of the god's perspective and the existence of artificial intelligence self-learning,the electronic information is now completely transparent,and the algorithm becomes a tool to provide the balance between supply and demand in the market,not regulated as a monopoly agreement.The remaining three scenarios,because of the concealment of the algorithm,the dynamic of the algorithm results,and the algorithm make collusion become more stable,making it difficult for existing laws to identify the consistent behavior of operators as monopoly agreements,but in the market does produce the effect of monopoly agreements.According to the existing anti-monopoly law,only part of the algorithm collusion scene can be completely regulated,and algorithmic collusion will bring challenges tothe application and implementation of anti-monopoly law.Legislatively,first of all,algorithms represent efficiency and innovation.Antitrust law stands for fairness and efficiency,and the fight against monopoly.When the monopoly agreement problem brought about by the algorithm has the adverse effect on fair competition,and the algorithm has a favorable effect on the efficiency of market operation,the problem of conflicting the legislative purpose of fairness and efficiency will arise.When the anti-monopoly law produces the problem of multiple value conflict,it is necessary for the anti-monopoly legislature to maintain the humble concept of anti-monopoly legislation and carefully regulate the conflict.Secondly,some computer-aided collusion scenarios can circumvent the provisions of anti-monopoly law on the conditions of monopoly agreement recognition,resulting in algorithmic collusion is difficult to be identified as a monopoly agreement.When there are problems that exist anti-monopoly laws and regulations cannot regulate,it is necessary to improve the corresponding laws and regulations,if the study of the problem is still in the research stage,we need to first make principled provisions on the problem in the anti-monopoly law,and then according to the actual situation through the form of regulations or other normative documents to make detailed provisions on the problem.Finally,algorithmic collusion may bring about competition and conflict within the anti-monopoly law and other laws,which require the anti-monopoly legislature to coordinate the competition and conflict while perfecting the anti-monopoly laws and regulations.In law enforcement,first of all,the algorithm is hidden,which makes the investigation mode efficiency of the discovery paradigm with the principle of surprise inspection and forgiveness decrease,which makes it difficult to be found by anti-monopoly law enforcement agencies after the algorithm collusion.Antitrust enforcement agencies need to enable new ways to investigate algorithmic collusion,such as market research and prior talk mechanisms,monitor market conditions through big data,and talk to relevant operators in advance to stop monopoly agreements before they occur.Secondly,in the central radiation scene,the development of the algorithm is separated from the body used.Important informationrelated to the decision-making of the operator is concentrated in the developer,and then directly fed back to the operating mode of the user through the algorithm synthesis results,replacing the way in which the operator reaches a monopoly agreement on the transmission of information or meaning contact between the operators,making it difficult for the anti-monopoly law enforcement agencies to prove the existence of the operator's meaning contact in the radiation scene of the center.It is therefore difficult to punish it as a monopoly agreement.It is necessary to adopt the rule of presumption of indirect evidence and weaken the proof requirement of meaning contact in this scene in order to regulate it.Finally,the wide application of algorithms may break the restrictions of market competition,and trigger conscious parallel behavior in various industries,which is large in number and wide range,which greatly increases the difficulty of law enforcement by anti-monopoly law enforcement agencies,which leads to the increase of law enforcement costs.There is a need to apply the commitment system to conscious parallel acts,and when anti-monopoly law enforcement agencies discover such conduct,the relevant operators make commitments to change the conduct within the specified time,and appropriately supplement the time and frequency limits of the promised price changes,in order to reduce the adverse effects of the use of algorithms on market competition.