AI agents and value capture: courts, consumers, and the future of commerce

Perplexity’s Comet browser, designed to browse online stores and place orders for users, faced a lawsuit from Amazon, which argued the agent accessed its platform without authorization. While a federal judge initially blocked the browser, the Ninth Circuit reversed that decision on August 4, 2023, asserting that the user, not the agent, “accesses” Amazon’s computers. The court declined a rehearing request in September 2023, leaving the underlying case ongoing.

The dispute highlights how shoppers are increasingly impacted by AI-driven purchasing experiences. Amazon’s search results often blend sponsored listings with organic ones, while Perplexity’s agent provides a curated list with explanations, concealing the ranking criteria. Perplexity argues Amazon prioritizes advertising over consumer choice, while Amazon maintains its right to control access to its platform. Both companies are vying for control over the critical moment a shopper makes a purchase decision.

Price transparency is also under scrutiny. A Consumer Reports and Groundwork Collaborative study involving 437 volunteers buying groceries through Instacart revealed significant price variations – ranging from $3.99 to $4.79 for a dozen eggs at a single Safeway in Washington, D.C. Instacart dismissed the study as limited, but the price discrepancies underscored how value can be unfairly distributed.

The implications extend beyond shopping, impacting workers and citizens. A University of Oxford study analyzing 1.5 million trips by 258 Uber drivers from 2016 to 2024 revealed a decline in drivers’ earnings after Uber introduced a dynamic pricing algorithm in 2023. Passengers paid more, Uber’s share of fares increased from approximately 25% to 29%, and in some instances exceeded half of the fare. Uber disputed the findings.

Legal action, such as the Justice Department’s lawsuit against RealPage, a software vendor used by landlords to set rents, demonstrates a growing recognition of algorithmic influence. The proposed settlement announced in November 2025 prohibits RealPage from sharing competitors’ data and using active lease information in its models.

Addressing this issue requires broader public deliberation. New York has mandated businesses using personal data to set prices to disclose this fact alongside the price, a law upheld in October 2025 after a First Amendment challenge. The European Platform Work Directive, requiring platforms to inform workers about automated monitoring and decision-making, must be transposed by December 2, 2026. The European Commission also ordered Google to open Android features to rival AI assistants in July.

Experts suggest empowering consumers with the right to use their preferred agents in any legally accessible store and enabling agents to retain data learned during transactions. This mirrors regulations for financial advisors, who are prohibited from receiving commissions that could compromise their independence. A similar standard of loyalty should apply to shopping agents, ensuring transparency about who pays them.

Business leaders are recognizing the need for this discussion, as it impacts the visibility of products and maintains open channels for commerce. Ultimately, the question of who captures the value created by AI agents is being decided now, and neglecting public input risks accepting outcomes that lack broad consensus.