Perfection of the Identification Theory of Monopoly Concerted Practices in Algorithm Era

Monopoly Concerted Practices is an existing tool for competition enforcement agency to regulate algorithmic collusion. Based on the perfection of the Identification Theory of Monopoly Concerted Practices, this paper studies the challenges and countermeasures of identification theory of monopoly concerted practices in algorithm era. The application of the algorithm weakens the way of information communication and makes it difficult to prove subjective elements. Meanwhile, the algorithm makes the subjective intention of operators hidden, and the liability is questioned. in terms of the standards for the identification of information communication, the definition of “information communication” should be expanded and explained. It should be presumed that there is “information communication”, if the operator knows or can foresee the relevant information of other operators, unless the operator can provide evidence to the contrary. At the same time, the obligation of public defection of the operator should be increased. In terms of circumstantial evidence, attention should be paid to the “artificial” factors in the design and operation of algorithms, especially the settings that artificially increase transparency or homogenization in terms of algorithms, data, and parameters. By capturing the “artificial” factors, the operator’s subjective intention can be linked with the objective behavior, and then the operator’s responsibility can be judged in accordance with the principle of subjective and objective consistency.