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2021 Fiscal Year Research-status Report

Artificial Intelligence, Price Setting Strategies and Antitrust Law: Towards a Regulatory Framework

Research Project

Project/Area Number 18K01300
Research InstitutionKyushu University

Principal Investigator

VAN・UYTSEL S  九州大学, 法学研究院, 教授 (30432842)

Project Period (FY) 2018-04-01 – 2023-03-31
Keywordshub-and-spoke collusion / opaqueness / tranparency / Japan / Antimonopoly Law / algorithmic collusion / JFTC / Uber
Outline of Annual Research Achievements

The research has focused on the information underlying pricing algorithms. This research has concluded that a distinction needs to be made between information that is either opaque or transparent. Opaque information will make it difficult to achieve tacit collusion, but also explicit collusion. The former is likely only to happen when other software is implemented, eventually based upon reverse engineering of a competitors algorithm. The latter may occur when the users of the algorithm have come to an understanding of the algorithm, and so allowing them to agree on elements that influence the outcome of the algorithm. Transparent information most likely will lead to tacit collusion, whereby the algorithm adjusts the price to the price of a determined competitor. This competitor is usually the lowest price setter. Of course, transparent information does not exclude express collusion, where there has been communication between competitors. Based on the information found, algorithms allow firms to be more efficient. This could eventually make an overall predatory pricing strategy more feasible. These competition law conclusion have been drawn from empirical studies provided by computer experts on Uber and Amazon Marketplace.
The research has further focused on the taxonomy of algorithmic collusion by arguing that the hub-and-spoke collusion includes fundamentally different scenarios. Also, it is not for sure that the predictive algorithm can operate without human intervention making information artificially transparent.

Current Status of Research Progress
Current Status of Research Progress

3: Progress in research has been slightly delayed.

Reason

The research as such is progressing smoothly. All conclusion that the research aimed for have been drawn. This research is currently going through an editorial process in order to publish the research with Edward Elgar. It is this editorial that has been slightly delayed.

Strategy for Future Research Activity

The research will focus on collecting the necessary information for completing the book project. This will involve the making of a bibliography, proper footnoting of the different chapters and a final reading of the whole manuscript. If everything goes as planned, the manuscript will be submitted to the publisher around July. After this, the manuscript will go into its production process.

Causes of Carryover

The budget will be used to complete the completion of the editorial work on the book project related to this project. This will include, among other, a native check.

  • Research Products

    (8 results)

All 2022 2021

All Journal Article (1 results) (of which Int'l Joint Research: 1 results,  Open Access: 1 results) Presentation (7 results) (of which Int'l Joint Research: 3 results,  Invited: 4 results)

  • [Journal Article] UBER-like Algorithms and the Japanese Antimonopoly Law: Regulating through Unfair Trade Practices2021

    • Author(s)
      Steven Van Uytsel
    • Journal Title

      The Court of Appeal for Specialized Cases Law Journal

      Volume: Special Edition Pages: 141 - 164

    • Open Access / Int'l Joint Research
  • [Presentation] Algorithmic Collusion: The Limits of the Japanese Antimonopoly Law2022

    • Author(s)
      Steven Van Uytsel
    • Organizer
      Virtual Research Workshop on AI, Algorithmic Pricing and Competition (ISEAS - Yusof Ishak Institute)
    • Invited
  • [Presentation] Hub-and-Spoke Cartels Scenarios Involving Algorithms: An Inconvenient Technological Development for Several Asian Countries2021

    • Author(s)
      Steven Van Uytsel
    • Organizer
      13th East Asia Conference on Competition Law and Policy (Singapore)
    • Int'l Joint Research
  • [Presentation] Hub-and-Spoke Cartels, Algorithms and the Japanese Antimonopoly Law2021

    • Author(s)
      Steven Van Uytsel
    • Organizer
      Zhejiang University Summer Lectures
    • Invited
  • [Presentation] Competition Law in a Digital Environment2021

    • Author(s)
      Steven Van Uytsel
    • Organizer
      Zhejiang University Summer Lectures
    • Invited
  • [Presentation] Algorithmic Hub-and-Spoke Cartels: A Japanese Perspective2021

    • Author(s)
      Steven Van Uytsel
    • Organizer
      16th Annual ASCOLA conference
    • Int'l Joint Research
  • [Presentation] The Digital Economy and Competition Law in Asia2021

    • Author(s)
      Steven Van Uytsel
    • Organizer
      16th Annual ASCOLA conference
    • Int'l Joint Research
  • [Presentation] Regulating Digital Markets as a Sector, or Focus on Big Tech Companies: What is the Right Answer for ASEAN?2021

    • Author(s)
      Steven Van Uytsel
    • Organizer
      CLIP Panel Discussion on Regulating Competition in Digital Markets
    • Invited

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Published: 2022-12-28  

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