Antitrust laws’ remedies to address Big Tech’s anticompetitive business models have often been questionable. Since the fundamental design choices of business models pose significant challenges, due to dark patterns, Austrian criminal law may compensate for antitrust laws’ enforcement limits. It is argued that Amazon’s Prime and BuyBox, Google’s Search and its AI Bard, Activision Blizzard’s lootboxes, and Engagement Optimised Matchmaking (EOMM) algorithms contain dark patterns that may constitute (commercial) fraud within the meaning of §§ 146, 148 StGB. This is because these business models are designed to deceive consumers to unlawfully enrich Big Tech and video game publishers.
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Dark patterns: Can criminal law remedy the shortcomings of antitrust law?
It is argued that Amazon’s Prime and BuyBox, Google’s Search and its AI Bard, Activision Blizzard’s lootboxes, and Engagement Optimised Matchmaking algorithms contain dark patterns that may constitute (commercial) fraud within the meaning of §§ 146, 148 StGB.