Should the EU Reshape its Competition Legal System to Regulate Algorithmic Cartels?

AI has undoubtedly brought beneficial innovations, but from a regulatory perspective, it is alleged that it challenges the antitrust system. In this regard, this Paper shall critically assess the issues which robots on AI pose on Article 101 and whether this framework is up to the task in regulating them. That is because, some academics and practitioners concur that in the event if algorithms start fixing prices by themselves without the involvement on human intervention, the virtual ‘meeting of minds' is not likely to be caught by current case law or legislation due to the perfect forms of collusion they can reach. Also, in AI cases, there is no legal basis to attribute liability, which leaves the question open as to whom liability is attached should things go wrong – is it the programmer of the algorithms, its user or both? The discussion – where appropriate – will be supplemented with academic research and surveys. The starting point presents the problems related to the notion of Agreement under 101 and the oligopoly defense; the evidence of intent and horizontal agreements; the liability aspect; and the three approaches towards tacit algorithmic collusion. Finally, the discussion will shift on the possible applicable reforms and regulatory approaches, followed be a conclusion