Algorithmic Collusion & Its Implications for Competition Law and Policy

48 Pages Posted: 14 Aug 2018 Last revised: 11 Jan 2019

See all articles by Kenji Lee

Kenji Lee

National University of Singapore (NUS), Faculty of Law

Date Written: April 12, 2018

Abstract

Algorithms are increasingly employed by businesses as an integral part of their business models given the availability of big data and breakthroughs in artificial intelligence technology and application. While the competition landscape has shifted to a digital environment, questions have been raised as to whether the traditional competition policy tools, formulated in the analogue era, may nevertheless remain relevant in addressing algorithmic anti-competitive practices. In particular, the unilateral use of algorithms and algorithmic tacit collusion raises enforcement challenges for the competition authorities because of the inability of existing ex-post measures to adequately address these algorithmic anti-competitive conducts. This paper discusses these issues through a critical analysis of the relevant law, economics and computer science literatures.

Keywords: Algorithms, Big Data, Tacit Collusion, Singapore, Algorithmic Collusion, Antitrust, Machine Learning, Artificial Intelligence, Digital Economy

Suggested Citation

Lee, Kenji, Algorithmic Collusion & Its Implications for Competition Law and Policy (April 12, 2018). Available at SSRN: https://ssrn.com/abstract=3213296 or http://dx.doi.org/10.2139/ssrn.3213296

Kenji Lee (Contact Author)

National University of Singapore (NUS), Faculty of Law ( email )

Singapore

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