"Algorithmic collusion"... If using an algorithm leads to collusion, then choosing to use the algorithm should be considered regular collusion.

The Problem is that "using the algorithm" doesn't require you to use a computer. You can do this with pen and paper and it still works. You just have to ensure your competitor is aware of how the algorithm works, which is impossible to make illegal.

I never mentioned a computer.

Feels more like a system design failure than malice

Profiting from a design failure indefinitely isn’t malice, it’s negligence that can still be considered criminal.