Algorithms, Collusion and Competition Law: A Comparative Approach

Is competition law able to deal with algorithmic collusion? This evaluative book provides an insight into tackling this important question for competition law, with contrasting critical perspectives, including theoretical, empirical, and doctrinal – the latter frequently from a comparative perspective. Bringing together scholarly discussion on algorithmic collusion, the book questions whether competition law is adeptly equipped to deal with its various facets. With a comprehensive overview of the recent literature on algorithmic collusion, chapters offer a critical appraisal of the effectiveness of competition law to deal with algorithmic collusion. Covering a unique collection of legal, theoretical, and experimental case studies, it initiates debate among legal scholars for a better understanding of the data upon which algorithms decide prices. With a comparative identification of both the potentialities and limitations of competition law in relation to algorithmic collusion, this book will be of key value to students and scholars of competition law, economics and finance. It will also be an invaluable resource for legal practitioners and policy makers in the field.

Table of Contents:
Contents: Preface x Salil K. Mehra Acknowledgements xii 1 The algorithmic collusion debate: a focus on (autonomous) tacit collusion 1 Steven Van Uytsel 2 Algorithms and the limits of antitrust 39 Thomas Weck 3 Artificially intelligent collusion caught under EU competition law 48 Jan Blockx 4 Can the reformed Australian competition law stop algorithmic collusion? 67 Baskaran Balasingham 5 Tackling algorithmic collusion: the scope of the Indian Competition Act 92 Nikita Koradia, Kiran Manokaran and Zara Saeed 6 Challenges brought by and in response to algorithms: the perspective of China’s Anti-Monopoly Law 142 Wei Han, Yajie Gao and Ai Deng 7 Algorithmic collusion and the Japanese antimonopoly law 165 Steven Van Uytsel and Yoshiteru Uemura 8 Price-monitoring algorithms and resale price maintenance: an analysis of recent cases in Europe 189 Yoshiteru Uemura 9 Pricing in online grocery markets: challenges in monitoring competition 203 Cassey Lee and Gloria Lin 10 Algorithms unravelled: observations on the audit of Uber and Amazon marketplace algorithms 237 Steven Van Uytsel Index 260

About the Author :
Edited by Steven Van Uytsel, Professor of International Business Law, Faculty of Law, Kyushu University, Japan, Salil K. Mehra, James E. Beasley Professor of Law, Beasley School of Law, Temple University, US and Yoshiteru Uemura, Professor of Competition Law, Faculty of Economics, Hannan University, Japan

Review :
‘This book is essential reading for those with an interest in algorithmic collusion, or competition and technology more generally. I would also recommend it to those who have limited knowledge of this area of competition scholarship and feel overwhelmed by the sheer volume of existing literature available. This collection is an excellent starting point, as the early chapters are written in a very clear and accessible style. They do an excellent job of explaining the main issues and critically summarising and discussing the previous literature, setting the scene for the original contributions that follow.’ ‘This unique book offers a window into the fascinating world of algorithmic collusion. Several contributions assess how this new phenomenon is dealt with under the laws of various jurisdictions (Australia, China, India, Japan and the EU). That alone would make the book worth the read, but there is more. Another chapter dives deep into the algorithms used by Uber and Amazon and draws implications on the likelihood of competition law infringements. Yet another chapter shares the results of a screening exercise for algorithmic collusion in Singapore. Together, the chapters in this book reflect the great diversity and originality of research into this topic, and take the reader on a wonderful journey through this novel area of competition law.’ ‘In many online markets, prices are set in an automated manner by algorithms, which raises significant competitive concerns and numerous competition law issues, in particular the danger of collusive behaviour of algorithms. This collection of essays provides an excellent overview of the key economic and legal aspects of algorithmic collusion, as well as the approaches taken in different jurisdictions to address this problem. It is a valuable volume that should be consulted by all interested in algorithmic collusion and its economic and competition law aspects.’ ‘This collection of essays helps to improve our understanding across AI collusion.’