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Horizontal Restraint Regulations in the EU and the US in the Era of Algorithmic Tacit Collusion

Verdugo, Catalina González; (2018) Horizontal Restraint Regulations in the EU and the US in the Era of Algorithmic Tacit Collusion. UCL Journal of Law and Jurisprudence , 7 (1) pp. 114-141. 10.14324/111.2052-1871.098. Green open access

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Abstract

The fast development and improvement of e-commerce through various tools such as data mining, artificial intelligence and complex pricing algorithms has not gone unnoticed. Concerns about how new technologies can impact competition law have started to be raised by the academic world and various regulatory authorities. Specifically, the degree to which computer algorithms have the effect of inducing or enhancing tacit collusion is one of the most challenging topics for enforcement. Notwithstanding the question of whether algorithms should be per se regulated and how this can be achieved, in regard to tacit collusion scenarios enhanced by algorithms, we do have available tools that may be used to tackle it. This article will discuss whether the current regulation on horizontal restraints in the EU and the US could be appropriate for dealing with an algorithmic tacit collusion if such cases appear today.

Type: Article
Title: Horizontal Restraint Regulations in the EU and the US in the Era of Algorithmic Tacit Collusion
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.2052-1871.098
Publisher version: https://doi.org/10.14324/111.2052-1871.098
Language: English
Additional information: © 2018, The Author(s). This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC-BY) 4.0 https://creativecommons.org/licenses/by/4.0/ which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
URI: https://discovery.ucl.ac.uk/id/eprint/10049901
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