알고리즘을 통한 가격정보의 교환과 경쟁법적 평가
Exchange of Price Information through Algorithm and Evaluations from the Competition Law
0
조회
0
다운로드
16
인용
0
참고문헌
키워드
초록
Nowadays computer and internet are extremely important in our daily life. Convenience created by technological innovation brings us to the computer-related environment. As commercial transactions depend on more computers and other information technologies, competition law needs to develop a new survey methodology that is consistent with the new trend. Due to sophisticated computers, technological innovation will be accelerated, and competition law regulatory agencies will face greater burden as competition environment change significantly. In 2015 the U.S. Department of Justice (hereinafter DOJ) investigated the allegation of pricing fixing in Amazon marketplace and accused. In 2016, in Eturas case, the European Court of Justice (hereinafter ECJ) determined that the development of innovative technological markets is important in cartel’s agreement. As the pricing power is transferred from undertaking to a pricing algorithm, a major concern in competition law is that algorithm will foment cartel (particularly conscious parallelism), and thus, price competition will be less meaningful. Due to the transparency, which is a characteristic of a digital market, algorithm changes the mobility and agility of a market and encourages implicit consent among market players. Market players have a sufficient incentive to transfer the pricing power to a computer. It can be said that an algorithm damages competition, particularly when the algorithm ignores a market price, does not respond to changes in a market, and acts solely for the market players’ pursuance of profits. Accordingly, when the government carries out competition policies, the government needs to examine whether “agreement” or “intent” under the competition law is suitable for the new era. In addition, the government should seriously consider to what extent competition law regulatory agencies intervene in innovative industries.
Abstract
Nowadays computer and internet are extremely important in our daily life. Convenience created by technological innovation brings us to the computer-related environment. As commercial transactions depend on more computers and other information technologies, competition law needs to develop a new survey methodology that is consistent with the new trend. Due to sophisticated computers, technological innovation will be accelerated, and competition law regulatory agencies will face greater burden as competition environment change significantly. In 2015 the U.S. Department of Justice (hereinafter DOJ) investigated the allegation of pricing fixing in Amazon marketplace and accused. In 2016, in Eturas case, the European Court of Justice (hereinafter ECJ) determined that the development of innovative technological markets is important in cartel’s agreement. As the pricing power is transferred from undertaking to a pricing algorithm, a major concern in competition law is that algorithm will foment cartel (particularly conscious parallelism), and thus, price competition will be less meaningful. Due to the transparency, which is a characteristic of a digital market, algorithm changes the mobility and agility of a market and encourages implicit consent among market players. Market players have a sufficient incentive to transfer the pricing power to a computer. It can be said that an algorithm damages competition, particularly when the algorithm ignores a market price, does not respond to changes in a market, and acts solely for the market players’ pursuance of profits. Accordingly, when the government carries out competition policies, the government needs to examine whether “agreement” or “intent” under the competition law is suitable for the new era. In addition, the government should seriously consider to what extent competition law regulatory agencies intervene in innovative industries.
참고문헌 (17)
- 백대용, "허브 앤 스포크(Hub-and-Spoke) 담합의 개념 및 적용 요건 등에 관한 연구", 경쟁법연구, 32, pp.3~29 (2015), 한국경쟁법학회
- 전지은, "온라인 판매자들의 가격조정에 관한 연구", 한국전자거래학회지, 19(3), pp.143~158 (2014), 한국전자거래학회[DOI]
- Ariel Ezrachi, "Virtual Competition—the Promise and Perils of the Algorithm-Driven Economy" (2016), Harvard University Press
- David Ferucci, "Building Watson: An Overview of the QA Project", AI MAGAZINE, (Fall) (2010)
- Andreas Heinemann, "Can Computers Form Cartels? About the Need for European Institutions to Revise the Concertation Doctrine in the Information Age", Journal of European Competition Law & Practice (2016)
- George F. Luger, "Artificial Intelligence: Structures and Strategies for Complex Problem Solving" (2005)
- Salil Mehra, "Antitrust and the Robo-Seller : Competition in the Time of Algorithms", Minnesota Law Review, 100, pp.1323~ (2016)
- Eric Posner, "Why Uber Will—and Should—be Regulated", SLATE (2015)
- Artificial Intelligence & Collusion : When Computers Inhibit Competition, "Maurice E. Stucke", CCLP, ~ (2015)
- Competition Law at the Crossroads in the Digital Economy : Is It All About Google?, "Gintare Surblyte", Max Planck Institute for Innovation and Competition Research, ~, pp.Max Planck Institute for Innovation and Competition Research Paper No. 15-13 (2015)
- Department of Justice, "Former E-Commerce Executive Charged with Price Fixing in the Antitrust Division’s First Online Marketplace Prosecution", ~ (2015)
- Office of Public Affairs of Department of Justice, "Former E-Commerce Executive Charged with Price Fixing in the Antitrust Division’s First Online Marketplace Prosecution", ~ (2015)
- "Antitrust: Commission opens three investigations into suspected anticompetitive practices in e-commerce", European Commission—Press release, ~ (2017)
- "Sector inquiry into e-commerce"[URL]
- European Commission - Press release, "Antitrust: Commission publishes initial findings of e-commerce sector inquiry", ~ (2016)
- European Commission - Press release, "Antitrust: Commission opens three investigations into suspected anticompetitive practices in e-commerce", ~ (2017)
- "Algorithms and collusion"[URL]