Algorithmic Pricing: Understanding the FTC's Case Against Amazon (2024)

October 13, 2023

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In a lawsuit, the Federal Trade Commission (FTC) said Amazonused a secret algorithm(opens in new window)to determine how much to raise prices in a way competitors would follow and that brought the company $1 billion in revenue. Amazon insists the project had a benign aim and was scrapped.

In this context,a new study by researchers at Carnegie Mellon Universitysheds light on the effectiveness of automated pricing strategies used in e-commerce and their interactions in competitive markets, finding that pricing algorithms with seemingly benign aims can lead to higher prices in the market – specifically when others use more sophisticated pricing algorithms.

The study, “Algorithms, Artificial Intelligence and Simple Rule-Based Pricing(opens in new window),” is a working paper available via SSRN.

Algorithmic Pricing: Understanding the FTC's Case Against Amazon (1)

“We sought to answer a crucial question,” explainedParam Vir Singh(opens in new window), Carnegie Bosch Professor of Business Technologies and Marketing at Carnegie Mellon’s Tepper School of Business, who coauthored the study. “How would the use of pricing algorithms affect prices in the market?”

The FTC and 17 states filed an antitrust suit against Amazon in September 2023, accusing the retailer of illegally protecting its online retail monopoly. Although most of the lawsuit has been redacted, theWall Street Journal, which had access to an unredacted draft, said Amazon used the algorithm to test how much it could increase prices and have competitors still do the same. Amazon said the algorithm was discontinued a few years ago.

In this study, researchers investigated automated pricing strategies, which can be broadly classified into two categories: simple rule-based algorithms, such as price matching or undercutting competitors by a fixed margin, and more advanced artificial intelligence-driven algorithms, including those employing reinforcement learning (RL). A form of adaptive learning, RL enables algorithms to optimize pricing through experimentation.

Simple rule-based algorithms are prevalent among online sellers, with major platforms like Amazon, Google Shopping, Walmart and third-party repricers offering them to sellers for price management. In contrast, advanced AI-powered pricing algorithms are still emerging. The research indicates that simple rule-based algorithms complement AI-driven pricing strategies and collectively contribute to price increases in the market.

The simple rule-based algorithms link the seller's pricing strategy to that of their competitors, adopting a “tit for tat” approach. Whenever a competitor increases their price, these simple rule-based algorithms follow suit by raising their own prices. Likewise, when a competitor lowers their price, the simple rule-based algorithms also reduce their prices. The study revealed that when sophisticated AI algorithms compete against these simple rule-based algorithms, they quickly grasp the reactive “tit for tat” behavior exhibited by the latter. The RL algorithms learn that increasing their prices will lead competitors using simple rule-based algorithms to do the same. Using simple rule-based algorithms as competitors against AI algorithms significantly boosts all sellers' profits, albeit at the expense of consumer surplus.

“Amazon's Project Nessie appears to be assessing whether competitors employ simple rule-based algorithms resembling “tit for tat” pricing strategies. In such scenarios, competitors react to Amazon's price increases by raising their own prices. This approach could enable Amazon to establish higher price points, but it should not be misconstrued as indicative of price fixing,” said Singh.

Sellers routinely attempt to deduce the pricing strategies of their competitors and devise optimal responses to these strategies. This is a common method for determining competitive pricing within the market. However, when the competitor's strategy mirrors “tit for tat,” the most effective response is to set higher prices. Remarkably, all of this occurs without any form of communication or coordination between competitors. This presents a significant challenge for policymakers because establishing collusion requires regulators to demonstrate that coordination or communication among competitors directly contributed to the elevated prices.

“Our findings have important implications for policymakers,” suggested Qiaochu Wang, Ph.D. student in business technologies and marketing at the Tepper School, who led the study. “Pricing algorithms offer sellers increased market responsiveness, but they can also inadvertently foster implicit collusion, driving prices to unreasonably high levels.

“Although Amazon's Project Nessie has been discontinued, simple rule-based algorithms continue to be prevalent. AI-powered algorithms possess the capability to deduce the tactics employed by these simple rule-based algorithms, subsequently leveraging them to inflate market prices at the expense of consumer welfare. While not constituting explicit price-fixing, policymakers should devote greater attention to this situation,” said Wang.

Additional authors on the paper include Yan Huang(opens in new window), associate professor of business technologies, and Kannan Srinivasan(opens in new window), the H.J. Heinz II Professor of Management, Marketing and Business Technologies, both of the Tepper School.

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Algorithmic Pricing: Understanding the FTC's Case Against Amazon (2024)

FAQs

What is the algorithm in the Amazon lawsuit? ›

The lawsuit claims that a biased algorithm drives Amazon's "Buy Box," which appears on an item's page and prompts shoppers to "Buy Now" or "Add to Cart." According to customers suing, nearly 98 percent of Amazon sales are of items featured in the Buy Box, because customers allegedly "reasonably" believe that featured ...

What is Amazon's pricing algorithm? ›

Amazon's dynamic pricing algorithms continuously evaluate, review, and update the prices of millions of its products multiple times a day, ensuring that they offer the most competitive prices to shoppers, ensuring retention and brand loyalty.

What is the Amazon price algorithm lawsuit? ›

In a lawsuit, the Federal Trade Commission (FTC) said Amazon used a secret algorithm(opens in new window) to determine how much to raise prices in a way competitors would follow and that brought the company $1 billion in revenue. Amazon insists the project had a benign aim and was scrapped.

What information does Amazon use to determine pricing? ›

While many retailers use List Prices (or MSRP) these values may not necessarily reflect the prevailing market price of a product. The Typical Price is determined using the 90-day median price paid by customers for the product on Amazon. We exclude prices paid by customers for the product during limited time promotions.

What algorithm is used in Amazon? ›

The Amazon A9 Algorithm is the system Amazon uses to determine which products to rank within the search results. The Amazon A9 algorithm focuses on two areas: performance and relevance. A product with a robust sales performance history will have a higher Amazon search ranking than its competitors.

What is the latest Amazon algorithm? ›

The Amazon A10 algorithm is the latest version of a proprietary search engine developed by Amazon. It decides the order of the search results when a customer searches for something. It sorts products using artificial intelligence and natural language processing and improves its capabilities through machine learning.

How does algorithmic pricing work? ›

Pricing algorithms are intended to help firms determine optimal prices on a near real-time basis. They use artificial intelligence and machine learning to weigh variables such as supply and demand, competitor pricing, and delivery time.

What drives the Amazon algorithm? ›

Factors That Affect Amazon's Search Algorithm

The Amazon ranking algorithm considers the sales history of a product, including the total number of sales, recent sales trends, and the frequency of sales. Products with a strong sales history are more likely to appear higher in Amazon's search results.

How can Amazon be so much cheaper? ›

By having third-party sellers in our store, we increase selection and price competition for customers. When it comes to pricing, we do the work to compare and match Amazon's retail prices to competing physical and online competitors' stores to keep our prices low.

What is the biggest lawsuit against Amazon? ›

The consumer protection agency filed the long-awaited antitrust lawsuit against Amazon on Sept. 26, accusing the online retailer of operating an illegal monopoly, in part by fighting efforts by sellers on its online marketplace to offer products more cheaply on other platforms.

What is the Amazon 3x rule? ›

The “Rule of Three”s goes like this: You should only list something for sale on Amazon if you'll get a minimum of 3x what you paid for it, and your payout is at least $3.” Minimum ROI: 3x.

Why is price hidden on Amazon? ›

In most cases, the reason for the hidden price is the MAP (minimum advertised pricing) policy. This is the lowest price a retailer can advertise for sale, and is based on an agreement in which the manufacturer sets a lower price limit for advertising to its resellers.

What are Amazon's pricing tactics? ›

Amazon is known for its dynamic pricing or what is also known as repricing strategy. In this strategy, the prices of products don't remain constant but change often depending on competitor prices, demand and supply, and market trends.

What time of day are Amazon prices lowest? ›

Time-wise, we spotted that morning sales aren't the best as the lowest product prices typically occur between 4 am and 12 pm. If you want something more specific than time ranges, check the graph below.

What factors affect the prices for Amazon? ›

Amazon uses dynamic pricing, which means it adjusts the prices of its products in real-time based on a variety of factors such as supply and demand, competition, customer behavior, and other market data. This approach allows Amazon to continuously optimize its prices to maximize sales and profit margins.

What is the Amazon search algorithm called? ›

Amazon's search algorithm is known as A9. 🌟Algorithm A9 is a complex system, but here's a simplified overview of how it works: 1. Query Processing: A user enters a search query, and A9 begins by processing the text to understand the user's intent and context.

What is the Amazon ranking algorithm? ›

Amazon's ranking algorithm, known as A9, is what Amazon uses to display the best results for their customers. The algorithm looks at different products and chooses how to display them based on numerous factors, which we'll dive into later. You want your products to be optimized to appear at the top of the results.

What sorting algorithm does Amazon use? ›

The A9 Algorithm is the system that Amazon uses to decide how products are ranked in search results. It is similar to the algorithm which Google uses for its search results, in that it considers keywords in deciding which results are most relevant to the search and therefore which it will display first.

How do I reset my Amazon algorithm? ›

Go to your Your Amazon to view your recommendations. Click the item you want to remove from your recommendations.. Click the Remove this recommendation link at the bottom of the expanded view.

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