Research On The Anti-monopoly Law Regulation Of Algorithmic Collusion

In recent years,with the fast-developing technology of cloud computing and big data,the theory of algorithm has been applied to all aspects of social life,which has tremendous effects on improving social efficiency and promoting social and economic refinements.In addition to this,algorithm has also profoundly changed the marketing competition patterns.However,the emergence of Algorithmic Collusion has aroused the attention of the theory horizon.The Algorithmic Collusion has changed the conditions required to achieve collusion,making it difficult for the traditional anti-monopoly system to be regulated.Therefore,it is necessary to sort out the difficulties of Algorithmic Collusion regulations and establish a systematic regulation system.The main body of this paper is divided into four parts,including the following contents:The first part of this paper gives an overview of Algorithmic Collusion,including the concept and application of algorithm.Collusion includes two types: Explicit Collusion and Tacit Collusion.Algorithm collusion is to achieve collusion through algorithms,refers to the operators competing with each other in the same market,through the algorithm to coordinate the price,limit the production,to achieve the elimination of restricted competition behavior.Algorithmic Collusion includes four types: Monitor Algorithm Collusion,Signalling Algorithm Collusion,Parallel Algorithm Collusion,Self-learning Algorithm Collusion,which has the characteristics of intelligence,concealment and stability.The second part of this paper discusses the influence of algorithms on collusion.According to the discussion of scholars,four conditions need to be met for the achievement of collusion,including reaching consensus,the ability of monitoring and punishing Deviation Behavior,and the low market barrier.From the above four conditions,the algorithm reduces the coordination cost of collusion,strengthens the monitoring of deviating collusion,improves the efficiency of punishment mechanism,and expands the market scope of collusion.On the other hand,the algorithm may reduce the possibility of collusion from both the supply side and the demand side.On the whole,however,the effect of the algorithm on promoting collusion is much higher than that on weakening collusion.The third part of this paper discusses the dilemma of algorithmic collusion regulation.Due to the characteristics of algorithmic collusion itself,the regulation of algorithmic collusion is challenged from the aspects of Subject elements,responsibility attributions,agreement identifications,evidence collections,value measurements,etc.,putting threat to the anti-monopoly law enforcement.The fourth part of this paper discusses the suggestions on Algorithmic Collusion regulations,which can be viewed from four aspects.The first is to improve the regulation model of algorithm-based collusion,to define the subject and attribution of responsibility,to rationally utilize the collective market dominance system,and to establish the Whistleblower Bounty Program.The second aspect is the regulation of the algorithm itself,which requires the establishment of the algorithm prior regulation(originally the review)mechanism to strengthen the use of technical means.The third aspect is to regulate from the perspective of law enforcement,requiring the strengthening of the construction of anti-monopoly institutions and making full use of indirect evidences and environmental evidences.Fourth,strengthening international cooperation.