Algorithmic Collusion: The Determination of Boundary and Its Regulation of Antitrust Laws

Market subjects make use of market transparency and algorithm to make collusion not restricted by market concentration, which breaks through the traditional form of collusion to achieve new algorithm collusion and destroy the order of market competition, so it is necessary to regulate algorithm collusion through anti-monopoly law. On the establishment of the collusion boundary of the anti-monopoly law, the collusion types of the algorithm can be classified into messenger collusion, axial and radial collusion, prediction collusion and independent collusion, and the real subjective intention and the existence of monopoly agreement can be explored to accurately identify the collusion of the algorithm. In terms of the selection of specific implementation plan, the anti-monopoly law enforcement agencies should adhere to the principle of modest law enforcement, take the algorithm implementer as the main body of responsibility for algorithm collusion, and implement reasonable anti-monopoly regulations on algorithm collusion through specific measures such as limited disclosure of algorithm and regulatory technology.