Position: Collusion Risks Among AI Reasoning Agents Justify Certification Requirements for Making Market Decisions

Abstract

This position paper argues that AI agents with chain-of-thought reasoning capabilities are predisposed to exhibit collusive behavior and should be required to obtain behavioral certification before making decisions that affect economic markets. This is because integrating these agents into society could collapse the legal evidentiary distinction between competition and collusion among independent firms without eroding the economic harm distinction. Experiments with DeepSeek-R1 agents in the Bertrand oligopoly pricing domain reveal a tendency towards tacit collusion that persists even when humans prompt the agents not to collude. We further show that the chain-of-thought of these agents can be steered toward either extremely collusive or highly competitive behavior in a way that is not semantically detectable by another LLM analyzing the reasoning traces. As a result, deploying reasoning agents for market decisions leads to collusive economic outcomes without any evidence of conspiracy or intent. Thus, certification based on observed behavior in representative situations is necessary to prevent collusion. We provide preliminary evidence that such agents can be steered in a generalizable way toward efficient competitive equilibria. However, developing a comprehensive behavioral certification will be required before these models can be deployed in real-world markets while ensuring their stability and efficiency.