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As artificial intelligence continues to disrupt technologies in virtually every business and industry, regulators around the world are taking steps to police the anticompetitive use of AI in ways that harm consumers. One target of these efforts is dynamic pricing tools, commonly referred to as “algorithmic pricing,” which utilize revenue, consumer demand, market conditions and past pricing data to make pricing recommendations for a product or service.
Government agencies, lawmakers and, more recently, class action plaintiffs’ attorneys are scrutinizing whether these pricing tools, which increasingly use artificial intelligence to aggregate large volumes of data among competing firms to provide market intelligence, violate antitrust laws by enabling de facto collusion among competitors.
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