AI 등을 활용한 사업자간 담합과 경쟁법의 대응

Abstract

In the digital age, through machine learning, corporations have improved their ability to collect, restore, and analyze information on customers, competitors, and the market in general. Based on cumulative data, these corporations have highly sophisticated algorithms that can set prices of their goods and services. Due to the algorithms that can proceed data and conduct autonomous decision-making capability, it is crucial to collect data on consumers and competitors. Based on these algorithms, it is possible to monitor consumers and competitors, and to recognize changes of market situations in real time. On the one hand, algorithms bring positive effects in numerous cases. On the other hand, the prevalent use of algorithms can create a substantial risk in fair and efficient competition in the market. Recently, in this respect, the OECD and competition agencies of many jurisdictions have discussed the impact of algorithms’ automatic price setting on the competition in the market. Regarding the issue of algorithms’ automatic price-setting, an influential view is that the price-setting technology in itself does not constitute a violation of competition law. So far, a majority view seems to explain that consent among competing business entities is a required component for a violation of competition law. However, if computer algorithms become more developed and autonomous in the near future, a crucial question of competition law will lie concerning the meaning of consent among competing business entities. In this respect, it is a high time to consider whether core standards of the current competition law such as a business entity’s awareness should be maintained as the standards under the circumstances where technologies and machines are dominant in setting business strategies. Therefore, in carrying out competition policies, it is necessary for the judiciary and competition agencies in the government to consider and examine the interpretation of “consent” and “intent” in accordance with the current and future technology.