| Algorithmic technology is widely used in the market by operators,the case of using algorithms to achieve collusion is more and more obvious,and the collusion achieved can be maintained for a long time and is not easy to be discovered.The behavior of operators using algorithm has a positive effect of promoting competition to a certain extent,improve the efficiency of operating enterprise making decisions and stimulate innovation,and save more costs.However,the collusion also have the effect of restricting and eliminating competition,bringing damage and causing the loss of consumer interests.Anti-monopoly law faces great challenges when regulating the algorithm collusion.Different from the traditional monopoly agreement,algorithm collusion has prominent concealment and complexity.The scope of monopoly agreement is limited and can be reached without a clear agreement,and faces obstacles such as complex subject and difficult to determine the meaning contact.Therefore,it is necessary to improve the anti-monopoly regulation system of algorithm collusion in the rapid development of digital economy.In order to improves the anti-monopoly system of regulation algorithm collusion.Firstly,from the overview of the theoretical basis of the compling of the algorithm.Second,discusses the algorithm collusion in the legal level and judicial practice level of regulation status and dilemma,contains the agreement recognition,the subject and meaning of contact that difficult,and how to adapt to the plight of illegal judgment principle,and refer to the United States and the European Union algorithm collusion on the problem.Finally,the countermeasures are proposed to improve the anti-monopoly regulation of algorithm collusion in China.Proposed to redefine the monopoly agreement to cover more types of collusion,the identification of collusion liaison can make full use of circumstantial evidence.In the consideration of the subject of collusion,the algorithm users are given more responsibilities,and can also moderately expand the consideration of other subjects.The illegal judgment principle is applied to the typology of algorithm collusion.algorithm collusion is a new monopoly phenomenon,which is mainly a reasonable principle,supplemented by the illegal principle itself.In terms of anti-monopoly supervision,we should clarify the algorithm design rules,restrain the possible collusion behavior,and we should pay attention to market investigation analysis and improve the relief of operator commitment system. |
