Framing Algorithms – Competition Law and (Other) Regulatory Tools

36 Pages Posted: 13 Nov 2018

See all articles by Peter Georg Picht

Peter Georg Picht

University of Zurich - Institute of Law; Max Planck Institute for Innovation and Competition

Gaspare Loderer

University of Zurich - Institute of Law

Date Written: October 30, 2018

Abstract

As other fields of law, competition law is put to the test by new technologies in general and algorithmic market activity in particular. This paper takes a holistic approach by looking at areas of law, namely financial regulation and data protection, which have already put in place rules and procedures to deal with issues arising from algorithms. Before making the bridge and assessing whether the application of any such tool might be fruitful for competition law, the paper discusses important competition cases regarding algorithms, including the Google Shopping, Lufthansa and Facebook case. It concludes with some policy recommendations.

Keywords: Algorithms, Artificial Intelligence, Competition Law, Regulation, algorithmic trading, high-frequency trading (HFT), General Data Protection Regulation (GDPR), algorithmic collusion, big data, Google Search (Shopping), EU Commission, Lufthansa, Bundeskartellamt, Facebook

Suggested Citation

Picht, Peter Georg and Loderer, Gaspare, Framing Algorithms – Competition Law and (Other) Regulatory Tools (October 30, 2018). Max Planck Institute for Innovation & Competition Research Paper No. 18-24. Available at SSRN: https://ssrn.com/abstract=3275198 or http://dx.doi.org/10.2139/ssrn.3275198

Peter Georg Picht (Contact Author)

University of Zurich - Institute of Law ( email )

Raemistrasse 74/57
Zurich, CH-8001
Switzerland

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Gaspare Loderer

University of Zurich - Institute of Law ( email )

Freiestrasse 15
Zurich, CH-8032
Switzerland

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