The development of the digital economy has brought tremendous benefits to society such as the development of new goods and services, but the possibility of collusion increases due to high market transparency and increased frequency of transactions.
Algorithms are sometimes used as an aid to the implementation of harmonization under traditional competition laws, but they are also intentionally used in pricing that is very similar to parallel behaviors that are not regulated by current competition laws, but resulting in anti-competitive consequences such as collusion.
This paper looked at the need to redefine the concept of "agreement" while seeking ways in the framework of current law to regulate collusion by algorithms.
Despite the obvious risks that algorithms pose to competition, regulations on them are still highly complex and uncertain. Once the current competition law is attempted, it should be based on a direction that ensures explainability and enables post-audit for the sake of transparency and reliability of the algorithm.
