Research On Anti-Trust Regulation Of Algorithmic Collusion

The era of artificial intelligence is one advocating the supremacy of science and technology,but also an era dominated by algorithms.Big data-based algorithm technology can not only help enterprises make better decisions,reduce costs,enhance the competitiveness of enterprises,but also enhance consumer experience,meet their diversified and personalized needs.But there are always two sides to a coin,and the algorithm has some negative effects on fair competition in the market.The proposed algorithm can decrease the complication,decrease the risk cost,and strengthen the cooperative stability.The collusion between enterprises will destroy market competition,which leads to price discrimination and increases the wealth gap,which is not good for stable economic development and social stability.Therefore,it is urgent to regulate the collusion of algorithms.The main objective of this article is to analyze the necessity of regulation from the basic theory of algorithmic conspiracy anti-monopoly Law and new anti-monopoly Law.Apart from the introduction and conclusion,there are four parts in this book:The first part is the basic theory of legal regulation in related fields.First,the algorithm,connotation introduces four kinds of collusion,and then discusses the necessity of its legal regulation is analyzed.The second part is to study and analyze the new Anti-monopoly Law.New PRC Antimonopoly Law adds relevant provisions on anti-monopoly of algorithms and platforms,and adds axle-spoke agreements,but there are still monopoly agreements with the scope of which implied collusion cannot be covered,It is difficult to demonstrate subjective intentions,it is difficult to establish legal responsibility and there are technical problems with the enforcement of the law.The third part is to sum up the legislation,treaties,classic cases and special investigations of the developed countries through the study of laws and practical experience in relevant areas and the enlightenment of our country.It can be found that USA,European Union and a number of other advanced nations have given sufficient attention to algorithm collusion,and gained a lot of experience in practice.In the fourth part,the author proposes some measures and suggestions in the following fields: firstly,the system of dominant position in the common market shall be perfected to deal with the implied conspiracy;secondly,the subjective consensus of the algorithm for indirect evidence recognition shall be perfected in the following ways: firstly,the accuracy of indirect evidence shall be improved;secondly,the effect of the behavior of fair competition in the market shall be taken into comprehensive consideration;thirdly,the subjective intention shall be inferred from objective behavior to reduce the difficulty in adducing evidence;thirdly,the liability for violation of law and the way of bearing liability shall be defined and divided in light of the different roles played by different participants in the conspiracy;finally,innovative law enforcement tools shall be introduced,the algorithm filing and legality review system and digital regulatory algorithm shall be adopted,and the external oversight mechanism will be improved in order to further increase the effectiveness of law enforcement.