Law and economics of price personalization: relevance of secondary-line injury cases under Article 102(c) TFEU

This paper examines the legal and economic implications of price personalization under EU competition law, particularly Article 102 TFEU. While evidence of price personalization's prevalence is mixed, the paper analyses whether competition law is the appropriate tool for addressing this practice. Through analysis of primary-line and secondary-line injury cases, the paper argues that Article 102(c) TFEU, although technically applicable, may not be the most suitable instrument for regulating price personalization due to its ambiguous effects on consumer welfare. The paper contributes to existing literature by separately examining primary-line and secondary-line injury cases and their relevance to price personalization. It suggests that alternative legislative frameworks, particularly consumer protection directives like the Omnibus Directive, may be more appropriate for addressing price personalization concerns. The paper emphasizes the importance of transparency and consumer trust in implementing price personalization practices and calls for further research on the redistributive effects of personalized pricing between different consumer groups.