Autonomization and Antitrust
Stefan Thomas · Cambridge University Press eBooks · 2022
The chapter aims to serve as a conceptual sketch for the intricacies involved in autonomous algorithmic collusion, including the notion of concerted practices for cases that would otherwise elude the cartel prohibition. Stefan Thomas, a law scholar, starts by assessing how algorithms can influence competition in markets before dealing with the traditional criteria of distinction between explicit and tacit collusion, which might reveal a potential gap in the existing legal framework regarding algorithmic collusion. Finally, he analyses whether the existing cartel prohibition can be construed in a way that captures the phenomenon appropriately. This chapter shows how enforcement paradigms that hinge on descriptions of the inner sphere and conduct of human beings may collapse when applied to the effects precipitated by independent AI based computer agents.