Research On Anti-monopoly Regulation Of Algorithmic Collusion

In the past few years,with the fast growing of science and technology,artificial intelligence has become a new trend of contemporary development.In the context of artificial intelligence,with the change of business models and competition patterns in all walks of life,algorithms have emerged in our country.The rapid development of algorithm technology has improved the production and operation efficiency of enterprises and further promoted the effective competition in the market,especially in promoting enterprise communication and improving transaction automation.However,the application of algorithm technology also causes collusion between enterprises,especially tacit collusion,and it endangers the competition order of the market.Under the new normal of economic marketization,the application scope of algorithms continues to expand,and its complexity is also increasing.In this macro situation,the problem of algorithm collusion has gradually attracted wide attention of competition law enforcement agencies,and the academic research on this topic has gradually been put on the agenda.From the perspective of economics,the transparency of information and the concealment of decision-making make collusion more convenient.At the same time,there are more or less problems and shackles in the discovery,identification and punishment of algorithm collusion in China’s current anti-monopoly regulations.Therefore,it is the key and difficult point in China’s anti-monopoly law field to analyze the algorithm collusion,recognize and clarify the difficulties and difficulties in regulating the algorithm collusion in our country’s laws,and put forward possible regulation schemes.This paper first introduces the related basic theories of algorithm collusion,including the meaning of algorithm and algorithm collusion,different classification methods of algorithm collusion,the double-sided influence of algorithm on market competition and the necessity of regulating algorithm collusion at present.Then,by discussing the current regulation status of the subject,investigation procedure and monopoly agreement of algorithm collusion in China’s Anti-Monopoly Law,Interim Provisions on Prohibiting Monopoly Agreements and the Anti-Monopoly Guide of the Anti-Monopoly Committee of the State Council on Platform Economy,this paper analyzes many shortcomings and challenges in solving the problem of algorithm collusion at present.On the legislative level,China’s Anti-Monopoly Law has some deficiencies in the classification of collusion agreements,which can not cover all types of algorithmic collusion;In the current legislation,the collusion subject only includes the operator,so the nature of the algorithm itself is in the legislative blank;When operators use algorithms to conspire against the legitimate rights and interests of consumers and other competitors in the field of e-commerce,E-commerce Law,as a special legislation to adjust the field of e-commerce,can also be included in the adjustment scope.At this time,the legal connection between Anti-monopoly Law and E-commerce Law on algorithm collusion needs further discussion.At the level of law enforcement,because the algorithm enhances the concealment of collusion,it is more difficult to identify the intention of collusion,especially the definition of implied collusion;The professional restriction of law enforcement team and the increase of concealment and transparency of algorithm itself make it more difficult to regulate collusion and further increase the cost of law enforcement.In view of the present situation,we can improve the regulation of algorithm collusion from many aspects.First,further improve the anti-monopoly regulation system of explicit collusion and implicit collusion in China,and put forward feasible schemes for the identification of explicit collusion and implicit collusion respectively.Second,improve the division of collusion subject and responsibility,especially the nature and legal status of the algorithm;Third,coordinate the legal relationship between the Anti-Monopoly Law and the Electronic Commerce Law,clarify the internal logic between the provisions,analyze the contradictions and conflicts in the process of law application,and put forward suggestions for improvement;Fourthly,we should establish diversified algorithm supervision system,establish algorithm guidelines,enhance algorithm transparency,increase the use of technical means,monitor algorithm collusion,optimize the structure of law enforcement team,and further improve the distribution of burden of proof,so as to enhance the professionalism of law enforcement team and reduce law enforcement costs,so as to better regulate the algorithm collusion problem.