The Rise of Surveillance Pricing

The Federal Trade Commission (“FTC”) and international regulators have launched inquiries into the use of “surveillance pricing,” practices in which firms use detailed consumer data and algorithmic tools to set individualized prices and steer product offerings. We examine these evolving practices and the tension between, on the one hand, the efficiencies and improved market access that such practices can enable and, on the other, the legal and policy questions raised by their proliferati