Scholars say that if collusion is the greatest evil,then algorithm collusion is the most secret evil.Collusion is undesirable because of negative economic effects such as damage to consumer welfare,distortion of price signals,strangulation of economic freedom,and disruption of the Some competitive order.Collusion is an anticompetitive behavior with monopolistic nature,but the black box nature of the algorithm amplifies the anticompetitive effect of collusion,and increases the difficulty of obtaining evidence and determining the nature of collusion.It can be said that the algorithm makes the achievement and implementation of collusion faster and more efficient.There have been many researches and discussions abroad on how to regulate the collusion of algorithms,and a lot of research results have been poured out.By studying the four collusion scenarios under the application of the algorithm,this paper analyzes the potential antitrust challenge of the algorithm collusion,and puts forward some thoughts on the regulation of the algorithm collusion antitrust,it includes the following sections:The first part is an overview of algorithm collusion from the perspective of antitrust law.This part is introduced from the original meaning of the algorithm,and then analyzes the application of the algorithm in the business field,in order to draw out the theme of the algorithm collusion and define its meaning.On this basis,the paper analyzes the influence of the algorithm on the formation of collusion,the collusion motive and the relevant market structure conditions.The second part is the analysis of the behavior pattern of algorithm collusion from the perspective of anti-monopoly law.By enumerating the four main forms of the algorithm collusion and the typical cases,the paper analyzes the function principle of the algorithm in the collusion scene.Then we compare the relationship between algorithm collusion,cooperative behavior and parallel behavior,and extract the monopoly essence of algorithm collusion.The third part is the challenge brought by the algorithm collusion to the anti-monopoly system,mainly including the anti-monopoly law enforcement and anti-monopoly theory.First,it increases the difficulty of finding,investigating,identifying and imputing collusive behavior in anti-monopoly law enforcement.Second,algorithms conspire to challenge the legal evaluation of parallel behavior in traditional antitrust theory.The fourth part is about the suggestion of consummating the anti-monopoly regulation of algorithm.First,give full play to the applicable value of the current legislation to the collusion of regulatory algorithms.Secondly,perfect the supervision system for algorithm collusion,optimize from the four aspects of supervision concept,supervision tools,supervision methods and supervision mode to realize the complementary advantages of the government and the market.Finally,reiterate the economic approach proposed by George Stiegler in relevant antitrust enforcement,and attach importance to indirect evidence such as economic evidence and environmental evidence when determining collusion. |