Pricing Algorithms and the Artificial Intelligence Act: Navigating Unchartered Waters between Competition Law and the Mainstream Regulation of Autonomous Technologies

This article considers the nature and implications of pricing algorithms for EU competition law and discusses these issues in light of the broader debate concerning the regulation of AI in the Internal Market. It argues that as AI-driven pricing systems become increasingly complex and autonomous, competition law might not be able to address the full array of implications that these technologies have for the healthy functioning of the market. The article questions whether the general rules governing Artificial Intelligence in the Internal Market, namely Regulation No 2024/1689 (also known as the EU AI act) might provide an answer to these questions. It argues that to consider pricing algorithms as bearing low or no risks for the EU values (including the protection of fundamental rights) might not always be justified and suggests that the implications of these technologies for the objectives at the core of the EU AI Act should be carefully considered. The article calls for the risk management and accountability regime that the AI Act provides for high-risk AI systems to be extended to those pricing algorithms which, due to their complexity, opacity and autonomy, can adversely affect competition, to ensure the effective protection of the internal market.