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Assessing the Sufficiency of EU Competition Law in Addressing Algorithmic Collusion

Gao, Yuwen LU (2025) HARN63 20251
Department of Business Law
Abstract
This thesis examines whether the current EU competition law framework, particularly Articles 101 and 102 TFEU, is sufficient to regulate algorithmic collusion. As pricing algorithms become more autonomous and capable of producing supra-competitive outcomes without direct human input, concerns arise about whether such behaviour fits within existing legal categories like “concerted practice” or “abuse of dominance.”
Using a doctrinal method based on primary law, case law, and Commission guidelines, the study analyses liability standards such as foreseeability, functional control, and passive acquiescence. It illustrates their application through two key cases: Trod v GBE (CMA Case 50223) and Eturas v Lietuvos (C-74/14).
The central finding... (More)
This thesis examines whether the current EU competition law framework, particularly Articles 101 and 102 TFEU, is sufficient to regulate algorithmic collusion. As pricing algorithms become more autonomous and capable of producing supra-competitive outcomes without direct human input, concerns arise about whether such behaviour fits within existing legal categories like “concerted practice” or “abuse of dominance.”
Using a doctrinal method based on primary law, case law, and Commission guidelines, the study analyses liability standards such as foreseeability, functional control, and passive acquiescence. It illustrates their application through two key cases: Trod v GBE (CMA Case 50223) and Eturas v Lietuvos (C-74/14).
The central finding is that EU competition law remains conceptually robust. Algorithmic collusion does not require new legal categories, but enforcement must adapt. Effective oversight depends on improved forensic tools, interdisciplinary teams, and evidentiary standards suited to algorithmic systems.
Ultimately, the thesis argues that it is not the existing legal framework that limits regulation. Rather, enforcement capacity must be strengthened to ensure that existing rules remain effective in digital markets. (Less)
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author
Gao, Yuwen LU
supervisor
organization
course
HARN63 20251
year
type
H1 - Master's Degree (One Year)
subject
keywords
algorithmic collusion, EU competition law, Article 101 TFEU, concerted practice, foreseeability, pricing algorithms, enforcement
language
English
id
9197004
date added to LUP
2025-06-11 11:39:36
date last changed
2025-06-11 11:39:36
@misc{9197004,
  abstract     = {{This thesis examines whether the current EU competition law framework, particularly Articles 101 and 102 TFEU, is sufficient to regulate algorithmic collusion. As pricing algorithms become more autonomous and capable of producing supra-competitive outcomes without direct human input, concerns arise about whether such behaviour fits within existing legal categories like “concerted practice” or “abuse of dominance.”
Using a doctrinal method based on primary law, case law, and Commission guidelines, the study analyses liability standards such as foreseeability, functional control, and passive acquiescence. It illustrates their application through two key cases: Trod v GBE (CMA Case 50223) and Eturas v Lietuvos (C-74/14).
The central finding is that EU competition law remains conceptually robust. Algorithmic collusion does not require new legal categories, but enforcement must adapt. Effective oversight depends on improved forensic tools, interdisciplinary teams, and evidentiary standards suited to algorithmic systems.
Ultimately, the thesis argues that it is not the existing legal framework that limits regulation. Rather, enforcement capacity must be strengthened to ensure that existing rules remain effective in digital markets.}},
  author       = {{Gao, Yuwen}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Assessing the Sufficiency of EU Competition Law in Addressing Algorithmic Collusion}},
  year         = {{2025}},
}