Personalizace ceny vs. zásada rovnosti: je cenová diskriminace opravdu diskriminací?
| Title in English | Price Personalization v. Principle of Fairness: is Price Discrimination Really Discrimination? |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Keywords | consumer protection; personalization; discrimination; price discrimination; equality principle; automated decision-making |
| Description | The technologies used on the Internet to track consumer behaviour and preferences process a large amount of consumer data that affects both the contract and the overall consumer online experience. The importance of consumer data represents a large profit potential for businesses. Price personalisation is one of the business practices for which businesses can use the results of the analysis the consumer data they collect. Price personalization allows for businesses to set the maximum price which an individual consumer would be willing to pay for the goods, maximizing their own profit. Opinions on individual pricing differ among lawyers and consumers – it may be perceived as fair by some and discriminatory by others. In this article, I therefore discuss price personalisation and the principle of fairness. First, I look at price personalisation and how current legislation views this practice. I then analyse discrimination from the perspective of fundamental human rights, anti-discrimination law and consumer protection law. This analysis includes the conclusions of courts that have proposed criteria for assessing whether discrimination is present. As a result, this article applies the discrimination test to price personalisation and assesses in which cases it may qualify as discrimination in the legal sense. This assessment also takes into account the issue of algorithmic decision-making. |
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