Research On The Illegality Of Implied Collusion In Digital Platform Algorithms

New technologies,new models and new business models with algorithms at their core are flourishing,playing a key role in the high-quality development of the digital economy and meeting the growing needs of people for a better life.However,the iterative upgrading of algorithms makes it more difficult to identify and punish illegal conspiracies,among which,algorithmic implied conspiracies in the field of digital platforms are more hidden and solid,and the related illegal acts have seriously distorted the order of competition in the digital market,harmed the welfare of platform users and infringed on the interests of competitors.Therefore,it is necessary to study and analyze the illegality of algorithmic tacit conspiracy in digital platforms.The body of this paper is divided into four parts:The first part provides a theoretical overview of algorithmic tacit conspiracy.The first section focuses on the distinction between conspiracy and implied conspiracy theories,and the relationship between algorithmic conspiracy and implied conspiracy,and identifies the core meaning of "algorithmic implied conspiracy" among various concepts.The third section discusses the theoretical classification of research conspiracy algorithms,including four major types of algorithms: monitoring type,parallel type,signal type,and autonomous learning type.The second part is a typology study and analysis of the illegality of the implied complicity of digital platform algorithms.The first section establishes the criteria for determining the illegality of algorithmic implied conspiracy by combining domestic and foreign doctrinal views;the second section focuses on the four major types of scenarios of digital platform algorithmic implied conspiracy: messenger type,central radiation type,predictive agent type and autonomous learning type,and analyzes the typology and illegality of the applicable scenarios;the third section summarizes the illegal acts under algorithmic implied conspiracy,and also analyzes the illegal acts.The third section summarizes the violations under algorithmic implied conspiracy,and also analyzes the typology and determines the illegality of the violations.The third part is the dilemma of determining the illegality of algorithmic tacit conspiracy on digital platforms.The first section is about the difficulties in determining the subjective intent,which is mainly manifested in the deviation of the subjective intent and the limitation of the determination under the role of the algorithm;the second section is about the difficulties in determining the responsible subject,which is mainly manifested in the theoretical controversy in the determination of the responsible subject and the immaturity of the practice of using the algorithm as the responsible subject;the third section is about the difficulties in determining the evidence,which is mainly manifested in Unclear evidence standards,difficulties in evidence collection and the ease of evidence tampering.The fourth part is the regulatory path of algorithmic tacit conspiracy to violate the law on digital platforms.Section I establishes the legal principles of algorithmic implied conspiracy regulation,specifically including: the principle of moderate regulation,the principle of self-mediation,and the principle of whole process prevention;Section II constructs the common market dominance regime,focusing on the application scenarios of the regime,the specific regulatory path,the practical effects of extraterritoriality and the realistic feasibility of domestic application;Section III establishes a special algorithmic working group to strengthen the professionalism of law enforcement,and combines The fourth section strengthens the professional technology construction of algorithm regulation,specifically including four countermeasure technologies,namely: algorithm enforcement system,user-based algorithm,black box tinker and algorithm speed-down method.