Algorithms & Antitrust: An Overview of EU and National Case Law

20 October 2021
Dr. Sheng Li, Dr. Claire Chunying Xie, and Emilie Feyler

Recent developments in technologies relating to computer processing power, data storage, and artificial intelligence have enabled the adoption of increasingly sophisticated algorithms that are reshaping competitive landscapes across industries, raising many new questions about competition and antitrust in the process. Associate Director Dr. Sheng Li, Senior Consultant Dr. Claire Chunying Xie, and Consultant Emilie Feyler wrote a Concurrences e-Competitions Algorithms & Antitrust article titled, “Algorithms & Antitrust: An Overview of EU and National Case Law” focusing on three areas of antitrust where the use of algorithms has drawn scrutiny from both enforcers and practitioners around the globe: collusion, mergers, and algorithm self-referencing.

While there are many advances in antitrust involving concerns arising from the increasing use of algorithms, the development of the frameworks and tools for assessing those issues are at the early stages. Competition authorities around the world seem to be on high alert, and as investigations unfold, the authors expect to see more developments in these areas.