| In the context of the continuous development of the digital economy,artificial intelligence is widely used in major business activities.Data,computing power,and algorithms are the three major elements of artificial intelligence.The use of artificial intelligence has improved the economic benefits and user experience of enterprises.However,the development of artificial intelligence technology has made the market competition more diversified and the methods more complicated.It has also caused certain anti-competitive effects on the market competition and created new challenges to the antitrust law.This article will take three types of artificial intelligence monopoly behaviors as the starting point,analyze the characteristics of current artificial intelligence monopoly behaviors and their challenges to traditional monopoly laws,and explain the monopoly cases that have appeared in various countries in recent years.Advice on the legal regulation of conduct.First,a series of overviews of the monopoly behavior of artificial intelligence.In the face of fierce market competition,Internet platform companies have put artificial intelligence technology into production one after another,using big data and algorithms to continuously gain an advantageous position for themselves in the market competition,thereby achieving the effect of eliminating and restricting competition.The monopoly behavior of artificial intelligence is concealed,compulsory and prone.These behaviors are different from traditional monopoly behaviors,so that the existing anti-monopoly law cannot fully regulate the ongoing monopoly behaviors.Secondly,the types of artificial intelligence monopoly behaviors are specifically introduced: artificial intelligence algorithm collusion,abuse of data market dominance,and data-driven enterprise operator concentration.And each type of monopoly has its own manifestations,which increases the difficulty of antitrust enforcement and poses unprecedented challenges to antitrust laws.Third,analyze the legal dilemma brought by the monopoly behavior of artificial intelligence.First,the collusion of artificial intelligence algorithms has made monopolistic behavior more complex and hidden,and it is more difficult to find and regulate.Second,the abuse of the dominant position of the data market has repeatedly occurred.However,the initial formation of the data market,the relevant market definition theories cannot be applied,and the role of the criteria for determining the dominant position of the data market has been weakening.Third,the concentration of operators in data-driven enterprises simplifies the reporting standards for traditional operators,which may make data-driven mergers and acquisitions "escape" from antitrust review.Finally,it puts forward regulatory recommendations for AI monopoly behavior.First,redefine the concept of a conspiracy agreement,relax the subjective requirements certification requirements,and strictly identify the actual participants’ regulatory algorithmic collusion.Second,define the data market separately,improve the data property rights and value evaluation system,optimize the determination of the dominant position of the data market,and regulate the abuse of the dominant position of the data market.Thirdly,for data-driven enterprise operators’ centralized behavior,it is necessary to optimize the operator’s centralized reporting standards and obtain the regulation of the anti-monopoly law to make the market competition full of vitality,fairness and order. |