Algorithmic collusion and European competition law: myths, challenges, and potential solutions

Increasingly sophisticated algorithms have the potential to transform market dynamics and, as such, may require a revised response from a competition law perspective. This article aims to demystify common misconceptions about algorithms, elucidate some of the challenges they pose to competition law and propose viable solutions. The discussion focuses on the potential for self-learning algorithms to collude in more instances and without human interference, which could result in supra-competitive prices and reduced consumer welfare. Based on self-learning algorithms’ potential cost to consumers and their tension with the objectives of European competition law, the need arises for a nuanced legal framework to approach algorithmic tacit collusion. Algorithmic tacit collusion can be similar to a cartel in its effects. Regulatory intervention may, therefore, be necessary to ensure consumer welfare and functioning markets in the digital age. By broadening the interpretation of an anticompetitive concertation to establish collusive behaviour and harnessing procedural presumptions, algorithmic tacit collusion may be distinguished from instances of conventional tacit collusion and subsumed under the notion of a concerted practice in which the participants knowingly substitute practical cooperation between them for the risks of competition.

Authors

Publication Details

Journal
Competition Law Journal
Published
2025-03-01
DOI
https://doi.org/10.4337/clj.2025.01.06
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Algorithmic collusion and European competition law: myths, challenges, and potential solutions

Adrian Doerr
Competition Law Journal
European and International Law Studies
article

Algorithmic collusion and European competition law: myths, challenges, and potential solutions

Adrian Doerr
article en

Abstract

Increasingly sophisticated algorithms have the potential to transform market dynamics and, as such, may require a revised response from a competition law perspective. This article aims to demystify common misconceptions about algorithms, elucidate some of the challenges they pose to competition law and propose viable solutions. The discussion focuses on the potential for self-learning algorithms to collude in more instances and without human interference, which could result in supra-competitive prices and reduced consumer welfare. Based on self-learning algorithms’ potential cost to consumers and their tension with the objectives of European competition law, the need arises for a nuanced legal framework to approach algorithmic tacit collusion. Algorithmic tacit collusion can be similar to a cartel in its effects. Regulatory intervention may, therefore, be necessary to ensure consumer welfare and functioning markets in the digital age. By broadening the interpretation of an anticompetitive concertation to establish collusive behaviour and harnessing procedural presumptions, algorithmic tacit collusion may be distinguished from instances of conventional tacit collusion and subsumed under the notion of a concerted practice in which the participants knowingly substitute practical cooperation between them for the risks of competition.

Competition Law JournalVol. 24(1)
Openalex Percentile: Top 73%
European and International Law Studies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Algorithmic collusion and European competition law: myths, challenges, and potential solutions — Adrian Doerr · Competition Law Journal (2025) | TGRS Research Map | TGRS