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No 2 (2018): Capital

Wenn sich Algorithmen absprechen: Wettbewerbsabreden durch künstliche Intelligenz

July 13, 2018
July 14, 2019


Like most legal areas, also antitrust law gets affected by new technologies. The following essay will examine the effects of the algorithms on horizontal competition agreements and thus contribute to the current discussion about the influence of the algorithms on the legal system. It cannot be ruled out that algorithms are already «negotiating» with each other today in order to achieve profit optimization. However, the procedure of the algorithm must be a competition agreement according to the legal definition in Article 4 of the Cartel Act. The problem is the missing «agreement», since the algorithm itself (by machine learning) makes steps that are not predictable by the programmer and equally incomprehensible.