Research On Anti-monopoly Law Regulation Of Algorithmic Collusion

With the advent of the digital economy era,operators in the market began to use algorithms implement collusion behaviors and change the traditional collusive market structure,which seriously affected the order of market competition.This article mainly analyzes four types of algorithmic collusion behaviors from the definition and characteristics of algorithmic collusion.The last part of the article puts forward the legal problems and practical suggestions for the collusion behavior of the regulation algorithm.The first part of the article is the introduction which mainly based on the social background of the information age.This part expounds the theoretical and practical significance of the research algorithm for colluding with anti-monopoly regulations.It also summarizes the research ideas and methods of this article through a summary of the research results of domestic and foreign scholars.The innovation and limitations of the research are discussed.The second part of the article explains the basic theory of algorithmic collusion.Algorithmic collusion behavior presents the characteristics of intelligence,concealment and structural stability.The basic theories of its regulation mainly include collusion oligopoly theory in economics,risk society theory in sociology and monopoly agreement regulation theory in law.The third part of the article mainly analyzes the different types of algorithmic collusion behavior.First of all,it explain the reason why analysis of collusion behavior of algorithms.Furthermore,the four types of collusion behaviors of algorithms including messenger algorithm collusion are combined with specific cases to analyze their respective manifestations and constituent elements.The fourth part of the article mainly discusses the legal dilemma of algorithms colluding with anti-monopoly regulations.The current anti-monopoly laws and regulations cannot completely regulate all algorithmic collusion due to the concept of "agreement" and there are situations in which it is difficult to regulate the implicit algorithmic collusion;the emergence of hub-and-spoke algorithmic collusion scenarios exposes the traditional monopoly agreement dichotomy to excessive Concerns about the form and the inability to cope with the limitations of complex monopoly agreements;the determination of the responsible party in the self-learning algorithm collusion scenario is controversial;the anti-monopoly law enforcement agencies rely on traditional law enforcement tools to find it is difficult to identify the hidden algorithm collusion behavior;when the author uses algorithm tools to implement collusion,there is often no clear agreement and other evidence to prove subjective intent,which is difficult to be regarded as a monopoly agreement and be punished.The fifth part of the article mainly improve the algorithmic collusion anti-monopoly regulations.Redefine the concept of agreement in collusion,appropriately extend the scope of collusion agreement,and include implied collusion into the scope of regulation;introduce the concept of hub-and-spoke agreement,consider setting up general clauses prohibiting monopoly agreement system;clarify the party responsible for algorithmic collusion;based on the protection of consumer rights in terms of basic value measurement,taking into account the purpose of efficiency,fairness and diversification;strengthening the law enforcement technical supervision of algorithmic collusion,building a complete algorithm filing system;making full use of communication evidence and behavioral evidence indirect evidence,comprehensive consideration of the effect of behavioral competition.