| 英文摘要 |
As the level of artificial intelligence technology continues to advance and the digitization of products continues to increase. Algorithms are gradually becoming an important means for operators to gain competitive advantages in market competition by virtue of improving market transparency and transaction frequency. Platform operators use algorithms as a medium to achieve uniform pricing with operators within the platform with several vertical agreements, eliminating price competition among operators within the platform, thus excluding and restricting competition, especially in the context of digital platform economy. Firstly, In this regard, it should be clear that the spokes agreement reached by the platform using algorithms belongs to horizontal monopoly agreement in terms of legal positioning, and belongs to implied conspiracy in terms of meaningful contact. Secondly, in view of the fact that this monopoly agreement has both the peculiarities of an axial spoke agreement and the peculiarities of an algorithmic conspiracy, the nature of which is complex and the criteria for determination are vague, we should focus on grasping the inner meanings of the two main subjects of the axial spoke algorithmic conspiracy on the basis of the rules of objective external form + intrinsic meaning contact + excluding or restriction of competition, and break through the formal restrictions to grasp the essence. Finally, for the problem of subject responsibility determination caused by the special nature, the balance between anti-monopoly regulation and free market competition should be carefully grasped based on the principle of prudence and modesty with reference to international practical experience.
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