Research On The Legal Regulation Of Algorithmic Collusion Pricing Behavio

Since mankind entered the era of big data,algorithms have gradually come to occupy an important place in life.While algorithmic technology has facilitated business development,it has also been used irrationally within the realm of market monopolies.Algorithms give companies the opportunity to send signals to competitors and to monitor each other’s reactions to these signals,triggering a significant risk of unspoken monopoly,and the same category of internet platforms can achieve algorithmic complicity through technological black boxes.Algorithmic price conspiracy is one of the biggest challenges in the world of antitrust regulation today,mainly because of the difficulties in detecting conspiracy and in legally identifying and judging algorithmic conspiracy in the absence of subjective intent,as well as in remedying the rights of consumers affected by algorithmic price conspiracy.Compared to traditional price conspiracies,algorithmic price conspiracies not only reduce the cost of conspiracy and increase the stability of conspiracy,but also make it more difficult for antitrust authorities to enforce the law.On the one hand,algorithmic price conspiracy disrupts the original order of market competition,leading to a reduction in the incentive for operators to compete in product-focused markets and a shift in resource allocation from product innovation to algorithmic development.On the other hand,operators need to collect consumers’ basic information,consumption records and other personal information to analyse their consumption preferences and the maximum acceptable pricing,which ultimately leads to higher product prices and a certain degree of infringement of consumers’ rights to information,choice and personal information protection.Therefore,there is an urgent need to regulate algorithmic price collusion in order to safeguard the order of market competition and consumer rights.In the face of regulating collusive pricing behaviour that undermines market competition in the algorithmic era,legislators have been quick to realise the special nature of algorithmic collusive pricing behaviour and have introduced corresponding laws and regulations to regulate it,but the features of algorithmic technology are not well integrated into the legislative framework.Existing legal regulation still faces the dilemma of identifying the subject of conspiracy,presumption of the outcome of conspiracy,recourse for conspiracy,limitations of the subject of regulation and the protection of consumers’ individual rights and remedies for damaged rights and interests.The conflict between the economic benefits of algorithmic technology and market order,the conflict between the expansion of the private rights of algorithmic platforms and the preservation of the public interest,and the conflict between the rapid development of algorithmic technology and the need for stability in legal regulation have led to the inadequacy of existing laws to regulate algorithmic price conspiracy.The immediate impact of algorithmic price conspiracy is that it results in price fixing and negative externalities,creating market failures that need to be regulated.The legal regulation of algorithmic price conspiracy should,from a legislative perspective,establish the social principle of the overall interest of society as a starting point;from an enforcement perspective,it should follow the principle of proportionality and establish the legal principle of reasonable presumption.In determining whether an algorithm constitutes a conspiracy to commit a price act,the principle of reasonable presumption should be followed,and the objective consequences should be used as the basis for determining whether there is a subjective intention and objective behaviour of the operator to conspire.For the attribution of responsibility after the fact,the principle of proportionality should be followed to reasonably allocate the responsibility of all parties.According to the social principle,all members of society are participants in the law and are required to respect the rights and interests of other groups.Algorithmic price conspiracy directly violates consumers’ right to information.In order to address the imbalance of consumers’ interests,the protection and remedy of consumers’ right to information should be strengthened.