Research On Antitrust Law Regulation Of Algorithmic Collusion On Digital Platforms

In recent years,with the rapid development of Internet technology,artificial intelligence,big data and algorithms have gradually penetrated into every aspect of our lives,and the digital economy has become a pillar force driving global economic development.As a typical form of organisation and an important carrier of the digital economy,digital platforms are naturally subject to the profound influence of the digital economy and are highly susceptible to giving rise to complex monopoly problems.Through the use of algorithmic analysis and decision-making,digital platforms have,on the one hand,improved the economic efficiency of the market,reduced search costs and given the illusion of a perfectly competitive market;on the other hand,they have changed the formation mechanism of traditional collusion and increased the enforceability and maintainability of collusion,posing a serious challenge to the application of traditional anti-monopoly laws.Therefore,it is necessary to sort out the algorithmic conspiracies reached by digital platforms that break through the traditional forms of conspiracies,and analyze them at the institutional and regulatory levels,so as to design a perfect anti-monopoly regulation scheme for algorithmic conspiracies on digital platforms in response to the problems that arise in the process of anti-monopoly regulation.First,the concept of algorithmic collusion on digital platforms and its types are identified and defined.On this basis,the mechanism by which digital platform algorithmic collusion promotes monopoly achievement is analyzed,the three types of monopoly issues involved are sorted out,and it is clear that the monopoly agreement system is the most direct and effective way to regulate digital platform algorithmic collusion.Secondly,the analysis of the regulation of algorithmic collusion on digital platforms is carried out at two levels,namely,the anti-monopoly law regulation system and the anti-monopoly law supervision.It is pointed out that algorithmic collusion by digital platforms has changed the way monopoly agreements are reached in traditional markets,making traditional methods of regulating monopoly agreements occasionally fail in the face of algorithmic collusion,but not causing disruptive effects on the previous paradigm of antitrust regulation.In order to prove the existence of a monopoly agreement,it is necessary to focus on the three main elements of the algorithm’s involvement in the monopoly agreement: the subject of the agreement,the act of restricting competition and the actual damage result.The rapid development of digital platforms and the widespread use of algorithms also put forward new requirements for antitrust regulation.Then,the problems encountered in the regulation of monopoly agreements and antitrust supervision after algorithmic collusion are introduced.As a new form of monopoly agreement,algorithmic collusion undoubtedly poses new challenges to the regulatory framework and regulatory tools of monopoly agreements.The plurality of responsible parties,the absence of meaningful liaison and the difficulty in identifying the effects of competition make it exhibit new features different from traditional monopoly agreements;the excessive professionalism of algorithms,the secrecy of reaching collusion and the stability also pose serious challenges to the existing mechanism of identifying monopoly agreements by antitrust enforcement agencies.Finally,corresponding solutions and regulatory proposals are put forward to address the current monopoly problems.In terms of the regulatory regime,the system of attribution of liability for algorithmic collusion on digital platforms should be clarified,the criteria for determining circumstantial evidence should be improved,and the impact on consumer welfare should be taken into account when determining the anti-competitive effect of collusion.In addition,in cases where algorithmic collusion on digital platforms has resulted in anti-competitive outcomes but does not meet the requirements of a monopoly agreement,the introduction of an abuse of joint dominance regime is proposed as an auxiliary regulatory tool;in terms of anti-monopoly regulation,the principle of proactive,inclusive and prudent regulation is implemented,the technological construction of the enforcement team is strengthened,and the previous single post-event enforcement model is changed to establish an ex-ante,ex-ante and ex-post regulatory mechanism.At the same time,it will build an internal and external regulatory mechanism to crack the problem of anti-monopoly regulation of algorithmic collusion in digital platforms at the regulatory level,so as to realize the two-way cooperation between the anti-monopoly law at the institutional level and the regulatory level.