MARIO BARBANO, Pricing Algorithms: The AGCM’s Market Study on Airfare Pricing in the EU Law Perspective

ABSTRACT – The paper aims to analyze the pricing algorithms phenomenon from the EU law perspective in light of the Italian Competition Authority fact-finding inquiry on domestic air fares (IC56, Preliminary report of 26 November 2024). Firstly, the scene is set by outlining the role of pricing algorithms under competition law and the legal framework behind the investigation (paras. 2-3). Then, after highlighting the main findings of the preliminary report (para. 4), the public enforcement issues stemming from algorithmic collusion (para. 5) are examined, as well as the regulatory tools offered by consumer, privacy and artificial intelligence law that might address the phenomenon of personalized pricing (para. 6). In conclusion, the procedural and substantive law implications of the fact-finding are discussed, emphasizing the need for a coherent regulatory framework at EU level (para. 7).

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