NERA Director Dr. Andrew Stivers’ article “Generative AI and Guidance on Abusiveness May Illuminate a New Focus on ’Dark Patterns’ for Enforcement and Related Consumer Research,” published in the ABA’s The Antitrust Source, delves into the concept of “Dark Patterns” in digital marketing.

The article examines where regulators may push future statues and policies in light of the shift to online retailing and advertising and the potential use of AI for mass individualized marketing. Dr. Stivers also explores various tools such as A/B testing and experimental surveys businesses may use to understand how users’ behavior would change in the absence of alleged dark patterns.