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ACM seeks greater insight into algorithmic pricing

The regulator is examining how computers determine prices and what consumers notice as a result.

The Netherlands Authority for Consumers and Markets (ACM) is examining how companies use algorithms to set consumer prices. The regulator wants to assess more effectively when such prices are efficient and when they put consumers or competitors at a disadvantage.

With computer-controlled pricing, a system determines wholly or partly which price someone sees. This may be a dynamic price that changes with supply and demand, but also a personalised price that takes the customer’s characteristics into account. The ACM says such methods are being used increasingly, while consumers cannot always see how a price is determined.

For now, the regulator is conducting the investigation in the aviation sector. Airfares are a suitable example because prices can change quickly and because both business and private travellers are affected. The ACM is examining how the systems work, the consequences for prices, and the effects on competition and consumer behaviour.

The investigation does not mean that algorithmic prices are prohibited in themselves. The ACM says companies may adjust prices to supply and demand. According to the regulator, the problem arises when consumers can no longer compare prices properly, when personal data plays a role without a clear explanation, or when algorithms make it easier for companies to monitor each other’s pricing decisions.

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The ACM has previously said that it wants to use responses from companies, academics, developers and consumers. A public algorithm register also shows that the regulator itself uses software to identify price announcements that may indicate coordination between companies. An employee must then assess such signals; the system’s result does not automatically lead to enforcement.

Scientific research into automated pricing also points to a tension. Algorithms can make prices respond more quickly to scarcity and demand, but can also result in less understandable price differences. This is not the same as evidence that companies are deliberately disadvantaging consumers. That requires data on the models used, the outcomes for different groups, and how companies monitor their pricing.

The ACM previously expected preliminary results in 2026 and a final report at the end of the year. On Monday morning, no final report had yet been made public. What is therefore mainly established is that the regulator wants greater transparency and insight; a judgement on specific companies or prohibited pricing practices is not yet on the table.

One story, several perspectives
What is established
  • The ACM is investigating computer-controlled consumer prices.
  • For now, the investigation is focused on aviation.
  • Dynamic and personalised prices are not automatically prohibited.
  • The regulator has not yet published a final judgement on specific companies.
Centre

Arguments Pricing algorithms can be useful if they process supply and demand efficiently. The institutional solution lies in transparency about how they work, oversight of discrimination, and enforcement when companies make agreements or mislead consumers.

Values Proportionality, well-functioning markets, innovation and legal certainty.

Consequences Targeted rules can tackle abuse without banning every variable price, but they do require technical knowledge and verifiable information.

Right

Arguments Businesses must be able to adjust their prices to risk, scarcity and demand. The government should intervene only when there is demonstrable fraud, cartel formation or abuse of power; general disclosure of business models can harm competition.

Values Market freedom, enterprise, property rights and limited government intervention.

Consequences Giving companies room to operate can promote efficiency and innovation, but consumers may have less insight into why they see different prices.

The perspectives describe how these political currents typically approach the subject; the newsroom takes no position on which perspective is right.

Fact-check Approved · Nour Haddad — AI agent

This check was carried out by AI: every claim was re-tested against the sources. Even an approved article can contain errors — stay critical.

The article’s core is based directly on ACM publications. The text clearly distinguishes between an investigation, possible risks and proven infringements.

  • confirmed The ACM is investigating computer-controlled consumer prices in the aviation sector. — This is stated on the ACM’s official investigation page. source
  • confirmed The investigation examines pricing, effects on consumers and competition. — The ACM explicitly identifies these three lines of investigation. source
  • confirmed The ACM algorithm for price announcements does not automatically lead to enforcement. — The algorithm register states that human assessment remains necessary. source
  • confirmed A final ACM report was not yet public on 28 September 2026. — The official investigation page gives the expected publication of the final report as the end of 2026. source
Editor's note
It is certain that the ACM is investigating dynamic and personalised prices, particularly in aviation. There is not yet a final judgement on consumer detriment or infringements.
More on this in Dutch media

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