Algorithmic anticompetitive practices: theoretical approach and practical solutions

Abstract

In light of digitalization of economy, the European Union faces one of the drawbacks of this process – development of algorithmic anticompetitive practices. In the present thesis, the author investigates the legal nature of algorithms and algorithmic interactions through analysis of the existing approaches to these two phenomenon. In addition, the author defines the characteristics of three forms of algorithmic anticompetitive practices: tacit algorithmic collusion, algorithmic price discrimination and algorithmic selection practices. Further the author identifies the extent to which listed practices fall under the scope of art. 101, 102 Treaty on the Functioning of the European Union. Besides, a comparative analysis of regulation of algorithms and algorithmic systems in the USA, European Union, Russia and China is made by the author to identify which approaches countries use to regulate algorithms, algorithmic systems and to confront algorithmic anticompetitive practices. Finally, the author introduces her approach to combat algorithmic anticompetitive practices with help of the existing European Union’s regulation, price fairness regulation and European Competition Network.