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.