Regulation Of Algorithmic Collusion In The Age Of Artificial Intelligence

As the product of the development of science and technology and artificial intelligence,algorithms improve the efficiency of enterprises,enable enterprises to make targeted decisions in the case of collecting market information,improve the scientificalness and effectiveness of enterprise management decisions,to a certain extent,speed up the development of market economy,improve the efficiency of the market.Algorithms collect and analyze consumer information,and then provide targeted information to consumers,which,to a certain extent,also provides a certain degree of convenience for consumers.But based on the characteristics of algorithms such as technology and concealment,some enterprises apply algorithms to the stage of reaching and maintaining monopoly agreements,forming algorithmic collusion.The formation of algorithmic collusion makes the participants reach a cooperative behavior,eliminating and restricting market competition,and because the conclusion of collusion is very likely to lead to monopoly prices,once it occurs,it is also harmful to the legitimate rights and interests of consumers.Therefore,algorithmic collusion has gradually become the focus of attention and research by scholars and relevant departments at home and abroad.At present,there are four classifications of algorithmic collusion in academia: messenger algorithmic collusion,hub and spoke algorithmic collusion,prediction algorithmic collusion and self-learning algorithmic collusion.In particular,the self-learning algorithm collusion is generated under the self-learning of artificial intelligence,and there has not been any case of this kind in the current practice.However,relevant cases of the other three forms have appeared and did produce the effect of eliminating and restricting competition;therefore,it is necessary to include these forms into the scope of regulation.At present,the methods to regulate algorithmic collusion in various countries and regions are different.Some believe that algorithmic collusion should be classified into the scope of existing monopoly agreements,and if the new monopoly forms are directly legislated,the stability of the law will be affected;others believe that there are differences between algorithmic collusion and the traditional forms of monopoly agreements,and the traditional methods of identification and regulation in laws and regulations are not completely suitable for algorithmic collusion,and we should formulate targeted laws and regulations to regulate it,and China is taking the latter approach.But for this new form of collusion,because its impact on the market has both positive and negative side of eliminating and restricting competition,we need to consider the balance between fairness and value when legislating,at the same time,we should keep the concept of restraint,prudential regulation,and give full play to its enthusiasm.In addition,we should fully coordinate the problems between the anti-monopoly law and other laws and regulations.At the identification level of algorithmic collusion,because of the concealment and technical characteristics of algorithmic collusion,it is more difficult to find algorithmic collusion,and we also need to further adjust the identification of its elements when regulating algorithmic collusion.The form of achieving collusion and the identification and distribution of follow-up liability need to be refined according to the characteristics of the algorithm.In the process of law enforcement,law enforcement agencies are also faced with technical dilemmas,which require law enforcement agencies to continuously innovate and break through law enforcement means by using information technology,adopt market research mechanism,improve algorithmic transparency,etc.,and continuously improve the law enforcement effects in accordance with the actual situation.In addition,law enforcement agencies may also adopt the form of guiding the relevant undertakings to make commitments to reduce the adverse effects on market competition caused by algorithmic collusion.Although there has not been any specific case in China,the anti-monopoly law enforcement agencies need to take corresponding measures in advance.