Algorithmic Price Discrimination and Consumer Protection

Online market players are gradually gaining the capacity to adapt prices dynamically based on knowledge generated through vast amounts of data, so that, theoretically, every individual consumer can be charged the maximum price he or she is willing to pay. This has downsides for markets and society. European Union law insufficiently addresses these issues. Consumer-empowering technologies may help counter algortihmic price discruimination. We advocate for regulation to make the arms race between conumers and sellers more balanced by strengthening the digital tools available to consumer protection actors and to limit the battlefield by clarifying and refining the applica- ble rules and defining clearer categories of impermissible behaviours.