A Few Reflections on the Recent Caselaw on Algorithmic Collusion

The article discusses the limited number of cases where the use of algorithms was found to be a factor that contributed to collusion. We discuss the difficulties that competition agencies face in addressing such conducts, with particular focus where there is no direct communication between competitors but collusion is derived through the use of a third party algorithm. We offer some reflections on the current enforcement approach and we argue that with the current development in enforcement, there is a need for the competition authority to show some type of communication between the members of the cartel in order to substantiate the anticompetitive conduct