빅데이터/인공지능을 이용한 이윤극대화 가격차별과 독점규제법

This article addressed some problems of profit-maximizing price discrimination (PD) using artificial intelligence system (AIPD) mainly from the perspective of Korean antitrust law. Considering the realities of the online markets as well as the current level of AI system for dynamic pricing, it seems not possible to perform the first-degree or perfect PD. Indeed AIPD which has raised the issue of fairness is the third-degree in terms of Pigouvian economics. Because the third-degree PD is basically lawful under antitrust law, AIPD as the the thirddegree PD cannot be regarded per se illegal. However, even though AIPD is not prohibited by antitrust law, those who facing a higher price due to AIPD would have the strong feeling of unfairness, regardless of competitive impact on market. Either data protection law or consumer protection law could better be used to deal with the issue of AIPD from the perspective of ‘common good’ in public law.