随着人工智能技术逐渐在商业领域的广泛运用,算法对于市场竞争的影响也在日益显著。根据算法在价格协议中的作用不同,可将其分为监控算法、平行算法、信号算法和自主学习算法,由此形成了四种算法合谋类型。这四类算法合谋为执法机关对垄断协议的违法性认定以及归责原则带来挑战。针对算法合谋所造成的反竞争效果和反垄断困境,执法机构应当基于算法的技术原理,对事前监管、事后归责以及违法认定三个方面的体系进行完善或构建,从而为算法合谋的反垄断规制选择一条行之有效的路径。With the gradual and extensive use of artificial intelligence technology in business, the impact of algorithms on market competition is becoming increasingly significant. According to the different roles of algorithms in price agreements, they can be categorized into monitoring algorithms, parallel algorithms, signaling algorithms, and self-learning algorithms, which results in four types of algorithmic collusion. These four types of algorithmic collusion bring challenges for law enforcement agencies to determine the illegality of monopoly agreements and the principle of attribution. In view of the anti-competitive effect and antitrust dilemma caused by algorithmic collusion, law enforcement agencies should improve or construct the system of ex ante supervision, ex post attribution of responsibility, and determination of violation of law based on the technical principle of algorithmic collusion, so as to choose an effective path for the antitrust regulation of algorithmic collusion.
随着近年来电商平台垄断行为频发,其垄断行为的表现形式已与往日不尽相同。在当下,面对新的平台经济业态、新的形势要求,电商平台反垄断规则更需要从电商平台的特征出发,梳理出传统界定方式局限、监管滞后等现存问题,期待通过提出制定“专门法”、引入新的“相对优势地位”理论等可实践的改进路径,助力电商平台反垄断规制建设。With the frequent occurrence of monopolistic behavior on e-commerce platforms in recent years, the manifestations of their monopolistic behavior have become different from before. At present, in the face of new platform economy formats and new situation requirements, the anti-monopoly rules of e-commerce platforms need to start from the characteristics of e-commerce platforms, sort out existing problems such as limitations in traditional definition methods and lagging supervision, and look forward to proposing practical improvement paths such as the formulation of “specialized laws” and the introduction of new “relative advantage position” theories, which will contribute to the construction of anti-monopoly regulations on e-commerce platforms.
