| Abstract [eng] |
The Impact of Artificial Intelligence on Competition law: Problems of the Interpretation and Enforcement of Competition Law The sector inquiry into e-commerce accomplished by the European Commission confirms that more and more undertakings use the software that allows them to monitor the prices set by the competitors and in accordance with it, to set their own prices. Taking into account the fact that access and storage as well as computation cost of the data for the undertakings is decreasing, the use and importance of data and artificial intelligence in electronic commerce will increase, and with it – the challenges for the competition law. On the one hand, the use of artificial intelligence in commercial activities benefits both the consumers and the undertakings as it promotes efficiency, reduces the time consuming for searching, reduces the costs for the undertakings. On the other hand, increasing number of the scientists and practitioners of the competition law argue that the use of artificial intelligence creates negative consequences – increases market transparency, the emergence of cartels and concerted practices, allows undertakings to set the prices above the market price, changes existing concepts of the of market structure and its operation. In accordance with the above mentioned, this Master Thesis consists of two main structural parts. The first chapter contains the analysis of how artificial intelligence is currently understood, what are the types and what technical possibilities of artificial intelligence use exists in commercial activities, what kind of benefits such use provides to the consumers and undertakings. The second chapter provides the analysis of the problems of the application and interpretation of the European Union competition law rules arising from the impact of artificial intelligence on competition law, assesses the concepts of an agreement and concerted practices in the context of the European Union rules on competition and their interpretation in the existing practice of European Court of Justice. Moreover, it contains the analysis of the presented theories in the scientific literature which examines the challenges of artificial intelligence on competition law and presents the possible solutions how competition authorities should evaluate the use of artificial intelligence. |
