算法作为高频出现在学术和生活中的词汇,已然从技术走向应用。但是基于算法定价的行为却存在竞争法上的违法风险,比如合谋、价格歧视等。英国竞争和市场监管局于2018年10月发布的《定价算法》报告从法和经济学的角度在一定程度上解释和回应了这些问题。以该报告为基础,笔者梳理了定价算法的工作原理、应用场景、竞争效应以及法律风险等问题。借鉴国外经验,就我国而言,应当加强对算法及其应用的调研,采取对新技术宽容的态度,并从竞争规则上做出适当的回应。
As a high-frequency vocabulary that appears in academics and life,algorithms have moved from technology to application. However,the pricing behavior based on algorithm has illegal risks in competition law,such as collusion and price discrimination. The Pricing Algorithms report released by the UK Competition and Markets Authority in October 2018 explains and responds to these questions from the perspective of law and economics. Based on the report,the author summarize the working principles,application scenarios,competition effects and legal risks of the pricing algorithm. Drawing on foreign experience,as far as China is concerned,it is necessary to strengthen research on algorithms and their applications,and we should adopt a tolerant attitude towards new technologies,and make appropriate responses from competition rules.