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Horizontal Collusion in Disguise - The Role of Pricing Algorithms in Hub-and-Spoke Arrangements under Article 101(1) TFEU

Pilarova, Alexandra LU and Callejas, Francesca (2026) HARN63 20261
Department of Business Law
Abstract
The research examines the application of Article 101(1) TFEU to concerted practices involving indirect information exchanges facilitated through a common intermediary. It evaluates whether the existing framework governing Hub-and-Spoke arrangements are capable of addressing algorithmic collusion where pricing algorithms replace the intermediary. Through a doctrinal analysis of Article 101(1), relevant literature and case law, the application of the Court’s criteria is assessed on communication, awareness, foreseeability and intent in the context of algorithmic collusion. There is a focus on the distinction between parallel-conduct and concerted practices, as well as the difficulties caused by tacit consent. The thesis argues that the... (More)
The research examines the application of Article 101(1) TFEU to concerted practices involving indirect information exchanges facilitated through a common intermediary. It evaluates whether the existing framework governing Hub-and-Spoke arrangements are capable of addressing algorithmic collusion where pricing algorithms replace the intermediary. Through a doctrinal analysis of Article 101(1), relevant literature and case law, the application of the Court’s criteria is assessed on communication, awareness, foreseeability and intent in the context of algorithmic collusion. There is a focus on the distinction between parallel-conduct and concerted practices, as well as the difficulties caused by tacit consent. The thesis argues that the current framework under Article 101(1) TFEU may become structurally weakened when applied to algorithmic Hub-and-Spoke arrangements because it was developed for human communication and exchange. Pricing algorithms blur the line between traditional cartel indicators, further complicating the identification of coordinated conduct under Article 101(1). Consequently, although the provision may capture certain forms of Hub-and-Spoke agreements, significant challenges remain for the effective application of the principles underpinning the framework. This thesis aids in highlighting the gaps where judicial interpretation should focus on and to effectively balance competition with the interests of undertakings. (Less)
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author
Pilarova, Alexandra LU and Callejas, Francesca
supervisor
organization
course
HARN63 20261
year
type
H1 - Master's Degree (One Year)
subject
keywords
Algorithmic Collusion, Hub-and-Spoke, Information Exchange, Concerted Practice, Tacit Collusion, Pricing Algorithms, Article 101(1) TFEU
language
English
id
9233122
date added to LUP
2026-06-09 11:59:40
date last changed
2026-06-09 11:59:40
@misc{9233122,
  abstract     = {{The research examines the application of Article 101(1) TFEU to concerted practices involving indirect information exchanges facilitated through a common intermediary. It evaluates whether the existing framework governing Hub-and-Spoke arrangements are capable of addressing algorithmic collusion where pricing algorithms replace the intermediary. Through a doctrinal analysis of Article 101(1), relevant literature and case law, the application of the Court’s criteria is assessed on communication, awareness, foreseeability and intent in the context of algorithmic collusion. There is a focus on the distinction between parallel-conduct and concerted practices, as well as the difficulties caused by tacit consent. The thesis argues that the current framework under Article 101(1) TFEU may become structurally weakened when applied to algorithmic Hub-and-Spoke arrangements because it was developed for human communication and exchange. Pricing algorithms blur the line between traditional cartel indicators, further complicating the identification of coordinated conduct under Article 101(1). Consequently, although the provision may capture certain forms of Hub-and-Spoke agreements, significant challenges remain for the effective application of the principles underpinning the framework. This thesis aids in highlighting the gaps where judicial interpretation should focus on and to effectively balance competition with the interests of undertakings.}},
  author       = {{Pilarova, Alexandra and Callejas, Francesca}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Horizontal Collusion in Disguise - The Role of Pricing Algorithms in Hub-and-Spoke Arrangements under Article 101(1) TFEU}},
  year         = {{2026}},
}