Research On Antitrust Regulations Of Algorithm Hub-and-spoke Agreements In The Field Of Digital Economy

In the era of digital economy,the monopoly problem formed by the Internet platform and the use of data algorithms has become a new focus and difficulty of legal regulation and supervision.Monopoly agreement is one of the market monopoly behaviors.Because of its restriction,elimination of market competition,and serious damage to market order and economic stability,it is the key object of anti-monopoly law regulation in the legal regulation and judicial practice of all countries in the world.With the deepening of anti-monopoly law enforcement in various countries,the form of monopoly agreements in economic activities presents more complex and hidden features.In recent years,the typical hub-and-spoke protocol with new morphological characteristics has become the issue of close attention in the academic community.In the monopoly agreement,the hub-and-spoke agreement is a special form of agreement.The traditional monopoly agreement adopts the "dichotomy" regulation mode,namely horizontal agreement and vertical agreement.However,in judicial practice,the particularity of the hub-and-spoke agreement makes it separate from the horizontal agreement and the vertical agreement,but at the same time it has the characteristics of both.With the intervention of data algorithms,the formation of hub and spoke protocols is more covert and difficult to identify.Therefore,in the field of digital economy,algorithmic hub-and-spoke agreement should be an urgent problem to be solved in China’s anti-monopoly legal regulation and regulatory enforcement.The research content of this paper mainly focuses on the antitrust regulation of the hub-and-spoke agreement under the influence of digital algorithms as an intervention factor.The main research content of this article is the antimonopoly regulation of digital algorithms as an intervention factor in the axis of spoke agreements.The first chapter introduces the practical hazards of algorithmic hub and spoke protocols through the analysis of relevant cases and algorithmic technologies.At the same time,it examines and reflects on the current antitrust regulatory system in China,pointing out the practical needs for algorithmic hub and spoke protocol regulation,as well as the practical risks in the positioning,recognition principles,and legal responsibilities of the current algorithmic hub and spoke agreement system;Chapter 2 starts from the legal theory of algorithmic hub and spoke protocols,and proves the constituent elements,evolution path,main types,and illegal effects of restricting competition of algorithmic hub and spoke protocols;Chapter 3 analyzes the mature reasoning models of the Axis and Spoke Agreement in the practice of rule of law in Europe and America,and compares the enforcement models of the Algorithm Axis and Spoke Agreement to obtain extraterritorial experiences that China can learn from;Chapter 4 constructs the anti monopoly regulatory path of the Algorithm Axis and Spoke Agreement.In terms of institutional positioning of the Algorithm Axis and Spoke Agreement,the Axis and Spoke Agreement is first treated as a separate monopoly agreement and set up in specific regulatory systems.Secondly,under the ultimate guidance of protecting consumer rights,the principle of self-illegality is used as the recognition principle of the Algorithm Axis and Spoke Agreement,and the leniency system is applied to appropriately protect some market entities,Finally,analyze and adjust the legal responsibilities of the algorithm hub and spoke protocol to assist the subject,algorithm platform,algorithm itself,and developers in case of violations.