Countermeasures to the Challenges of Anti-monopoly Law on Algorithmic Collusion
The application of algorithms has led to the risk of algorithmic collusion,which has attracted the at-tention of anti-monopoly law enforcement agencies in various countries.Algorithmic collusion is specifically di-vided into algorithmic explicit collusion and algorithmic tacit collusion.These problems have impacted the tra-ditional antitrust law theories and challenged the antitrust regulatory framework.It is difficult to find the clues and evidence of algorithmic collusion.It is also hard to judge the illegality of behavior and impose responsibility on the violating subject.In response to these problems,antitrust regulatory agencies should expand the institu-tional toolbox,clarify the illegality determination framework of algorithmic collusion,improve the common market dominance system and illegal information discovery mechanism,and set regulatory requirements on al-gorithm.Regarding the determination framework of algorithmic collusion violations,the monopoly agreement system could be used for algorithmic collusion with contact intention and clear agreement.However,if there is a lack of intentional communication and the existence of an agreement cannot be proved,it should be classified within the regulation scope of the common market dominance system,and the abuse of algorithms should be regulated in the form of"abusive behavior".
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