The Intersection of Self-Preferencing and Pricing Practices in the Digital World
The Price Point: Newsletter of the ABA Section of Antitrust Law’s Pricing Conduct Committee, June 2022
EU and US regulators and legislators have raised concerns that digital platforms are exploiting their market position through so-called “self-preferencing” behavior, i.e., favoring their own products and services at the expense of third-party sellers on their platforms. In an article published by the ABA’s Pricing Conduct Committee, Vice President Juliette Caminade, academic affiliate Christopher R. Knittel, and White & Case partner Kevin C. Adam provide an antitrust analysis of two types of self-preferencing allegations that relate to platforms’ pricing practices: (1) charging third-party sellers commission rates and (2) harvesting marketplace data to determine pricing. The authors also provide an overview of recently proposed regulations and legislation in the US and EU targeted at these and other competitive practices of digital platforms.
The article, “The Intersection of Self-Preferencing and Pricing Practices in the Digital World,” was a highlight feature of The Price Point, the Pricing Conduct Committee’s digital newsletter, in June 2022.