Author
Prof Aradhana Nair
Organisation/Institution
Christ University; School Of Law
Country
INDIA
Panel
Competition Law
Title
Regulating Digital Collusion: An Asian Perspective on Antitrust Law in the Algorithmic Era.
Abstract
Regulating Digital Collusion: An Asian Perspective on Antitrust Law in the Algorithmic Era. Dr Sunitha Abhay Jain and Dr Aradhana Nair Abstract Many Asian countries such as India, Indonesia, Japan and Thailand are moving towards a digital economy. China has already adopted laws to regulate digital collusive practices. South Korea has implemented practices to deal with digital anti-trust policies. Japan has issued guidelines to deal with it. India is still in the process of the Digital Markets Act. There exists a progressive approach to curtail digital collusive practices. In today’s technological world algorithms have become an integral part of our day-to-day transactions. Algorithms help us to analyze massive amounts of data, consumer behavior and the trends in the markets. Algorithms have become so pervasive in modern societies that they can track, predict and influence the behavior of individuals in every aspect of our lives.(F. N. Algorithms and collusion -Competition policy in the digital age, OECD, 2017). Traditionally, competitors used to fix prices rather than being dependent on the market forces of demand and supply. With the use of algorithms now-a-days, digital collusion is taking place as algorithms enable companies to coordinate pricing through tacit collusion. An important question that arises is whether antitrust liability can be established when pricing decisions are made by machine using an algorithm rather than by human beings. Further, there are various other issues that need to be addressed such as higher prices for consumers, lack of transparency, difficulty in proving intent, jurisdictional arbitrage, market distortion, barriers to entry, unintended bias etc. All these pose challenges to the traditional legal and regulatory frameworks. This paper focuses on the way in which digital collusion takes place and the legal changes needed for such situations in Asia. The methodology adopted would be comparative and purely doctrinal based on the laws, policies adopted by different jurisdictions in Asia. Key words: Digital collusion, Algorithmic bias, Anti-trust laws, Unfair competition. —---
Biography
Dr. Aradhana Nair has an academic career over 18 years of experience in legal education.Currently a faculty member at Christ University, School of Law (since 2015), she has held various leadership roles, including Faculty Coordinator for Intellectual Property Rights (IPR) Cell, Internal Complaints Committee, and Teaching and Learning Committee. Dr. Nair has also been instrumental in organizing workshops, seminars, and orientation programs for law students. Previously, she served as a faculty member at Symbiosis Law School, Pune. Dr.Nair has also participated in numerous faculty development programs and has delivered guestlectures at institutions like Leibniz University, Germany, and UN’s FIDA forum. She has made significant contributions to legal education, particularly in the areas of Intellectual Property Rights (IPR), AI and Law; Alternative Dispute Resolution (ADR), and gender-related legal issues. Dr. Nair’s academic journey includes a Ph.D. from Symbiosis International University, Pune, where she focused on the protection of Indian Traditional Knowledge. She is currently pursuing her LLD from NLSIU in AI and Law.
