![handle is hein.journals/cstlr21 and id is 1 raw text is:
2020] LIMITS OF ONLINE PRICE DISCRIMINATIONINEUROPE
THE COLUMBIA
SCIENCE & TECHNOLOGY
LAW REVIEW
VOL. XXI STLR.ORG FALL 2019
THE LIMITS OF ONLINE PRICE DISCRIMINATION IN EUROPE
Alan M. Searsl*
As big data capabilities have increased, so too has the potential for price
discrimination. Price discrimination occurs when sellers offer goods and services
at different prices to different consumers. Profiles of consumers can be created
based on a variety offactors, such as their location, past purchases or behaviors
online, or, morefrequently, a large number offactors that, when combined, enables
sellers to serve tailored prices based on differences between consumer profiles. In
addition to these algorithmic forms of price discrimination, simpler methods are
also in use, such as basing prices solely on the basis of a consumer's IP address.
This article aims to provide a comprehensive mapping of the boundaries of
online price discrimination in Europe. HMile few legal provisions speak directly
to online price discrimination or personalized pricing, a number of areas of law
likely have a bearing on the extent to which price discrimination is legally
permitted. As such, this article will examine competition law, consumer protection
law, data protection law, and non -discrimination law in order to determine where
online price discrimination may constitute noncompliance with one of the relevant
provisions, as well as to denote where it appears that the framework is ill-equipped
to adequately address the practice. Practical and sociological aspects relating to
both online price discrimination and the application of the legal frameworks in
these areas are also incorporated.
I. Introduction .................3............ 3
A. Background .................................. 3
B. What is online price discrimination? ...... ..........4
1. Price discrimination disambiguation ................4
2. Related terms and concepts ...... ...........6
II. Online price discrimination and competition law ...............8
III. Online price discrimination and consumer protection law ... 15
IV. Online price discrimination and data protection law......20
V. Online price discrimination and non-discrimination provisions
...................................... 27
A. The right to non-discrimination .................. 27
B. Racial Equality Directive and Gender Goods and Services
Directive. ............................ ...........30
C. Services in the Internal Market Directive.. ........
and Geo-Blocking Regulation.. .....................33
* Researcher and Lecturer at eLaw, Center for Law and Digital Technologies,
Faculty of Law, Leiden University, The Netherlands. LL.M., Leiden Law School
(2017);J.D., Notre Dame Law School (2014); B.A., Baylor University (2006). The
author would like to thank Prof. Simone van der Hof, Prof. Tycho de Graaf, and
Prof. Gera van Duijvenvoorde for their useful comments and insight on earlier
drafts. Contact: a.m.sears@law.leidenuniv.nl
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