Tackling dark patterns How to reasonably prevent consumer manipulation and competition distortions?

Frédéric Marty and Jeanne Torregrossa ()

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Abstract: Deceptive and manipulative choice architectures have received significant coverage in the academic literature. These dark patterns can be nudges leading individuals to act against their interests or sludges hindering the implementation of beneficial decisions. The development of these patterns is enhanced by the potential of the data economy and by ever more powerful predictive algorithms. They raise legitimate concerns in terms of competition and consumer protection. Numerous reports suggest the introduction of regulatory measures that should be assessed based on their possible effects. This contribution shows that while these measures are necessary, it is important to emphasize that dark patterns are not the privilege of dominant operators and preventing them should not preclude the net gains that can result from the personalization of algorithmic recommendations.

Keywords: dark patterns; discrimination; manipulation; digital markets; competition law (search for similar items in EconPapers)
Date: 2023-05-17
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Published in 2023

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Persistent link: https://EconPapers.repec.org/RePEc:hal:journl:halshs-04109558

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