The new EU Horizontal Guidelines – When do algorithmic pricing tools present particular competition law risks?
Our latest analysis of key aspects of the European Commission’s new horizontals package focuses on the Commission’s approach in the Horizontal Guidelines to algorithmic pricing tools, which are increasingly used across industries. The lively debate in the competition community about potential harm to competition resulting from their use has, to date, yielded very few specific results. The Guidelines’ revised information exchange chapter provides a welcome first framework to assess competition law risks associated with the use of pricing algorithms.
Our alert discusses the three scenarios identified by the Guidelines in which the use of a pricing algorithm could infringe competition law. We highlight scenarios that should raise a red flag and issues that companies need to bear in mind from a compliance perspective.
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