Artificial Intelligence and Algorithmic Pricing: The Rise of the Machines Raises Real Antitrust Risk

We are seeing a surge of enforcement activity and legal challenges arising from the rapidly increasing use of personal data, algorithms and AI to set consumer prices and for other purposes. Algorithmic pricing – the use of pricing data by third-parties to make pricing recommendations to their clients – has received enormous attention recently, and recently was the basis for an antitrust challenge by the DOJ against a provider of such services. 

Also recently, the FTC has opened an investigation into the use of consumer data, including in conjunction with AI, to set individualized prices for consumers (so-called "dynamic pricing"). These developments, together with the rapidly advancing technologies that can be used by companies to boost revenues and margins, are likely to set the stage for more legal challenges over the use of these technologies and consumer data for price-setting. 

In this webinar, we will address the potential risks that companies embracing these technologies face today, and look ahead to potential future risks as the U.S. and foreign antitrust enforcement agencies continue monitor the potential effects of the rapidly evolving AI landscape on competition.