Horizontal Restraint Regulations in the EU and the US in the Era of Algorithmic Tacit Collusion

Catalina Gonzalez Verdugo


The fast development and improvement of e-commerce through various tools such as data mining, artificial intelligence and complex pricing algorithms has not gone unnoticed. Concerns about how new technologies can impact competition law have started to be raised by the academic world and various regulatory authorities. Specifically, the degree to which computer algorithms have the effect of inducing or enhancing tacit collusion is one of the most challenging topics for enforcement. Notwithstanding the question of whether algorithms should be per se regulated and how this can be achieved, in regard to tacit collusion scenarios enhanced by algorithms, we do have available tools that may be used to tackle it. This article will discuss whether the current regulation on horizontal restraints in the EU and the US could be appropriate for dealing with an algorithmic tacit collusion if such cases appear today.


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