News & Analysis as of

Algorithms Pricing

Goodwin

Five Steps Hotel Owners, Operators, and Management Companies Can Take to Mitigate Risk in the Face of Heightened Antitrust...

Goodwin on

Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more

Cooley LLP

DOJ Challenges Use of Certain Pricing Algorithms

Cooley LLP on

On August 23, 2024, the Department of Justice (DOJ) sued real estate software company RealPage alleging the company’s software reduces competition between landlords, resulting in inflated rents and less favorable lease terms...more

Morrison & Foerster LLP

DOJ Rages Against the Machine: The Feds and Several States Accuse RealPage of Helping Landlords Collude and Monopolizing...

After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight...more

Kerr Russell

Price Collusion in the Crosshairs

Kerr Russell on

There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

K&L Gates LLP

What Really is Surveillance Pricing? The FTC is Trying to Figure It Out

K&L Gates LLP on

The use of artificial intelligence (AI) in a company’s work processes is not new. AI has automated, innovated, and optimized a business’s processes and outcomes. In recent years, tech firms and consultants have been touting...more

Troutman Pepper

DOJ Addresses Pricing Technologies

Troutman Pepper on

In a recent interview, Jonathan Kanter, the U.S. Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division, shared his thoughts on the use of technology in setting and advertising prices....more

Troutman Pepper

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Troutman Pepper on

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

Morgan Lewis

AI and Algorithmic Pricing: Current Issues and Compliance Considerations

Morgan Lewis on

While algorithmic pricing has been used in many industries for decades, with the rapid development of artificial intelligence (AI) technology, antitrust enforcers, legislators, and private plaintiffs have been actively...more

Holland & Knight LLP

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

Holland & Knight LLP on

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more

Barnea Jaffa Lande & Co.

Algorithm-Based Pricing – the Next Challenge in Competition Law?

The uptrend in businesses’ use of artificial intelligence (AI) now includes algorithm-based pricing, which is raising concerns about harm to competition. More and more companies have been implementing algorithm-based pricing...more

Hogan Lovells

Algorithms in the spotlight of antitrust authorities

Hogan Lovells on

Joint study by the Bundeskartellamt (German Cartel Office) and the Autorité de la concurrence (French Competition Authority) indicates need for higher compliance standards - Digital ubiquity, and the resulting rules, do not...more

Foster Garvey PC

OTA & Travel Distribution Update - Expedia expands its voice-activation résumé; UK's Competition and Markets Authority issues...

Foster Garvey PC on

Expedia Expands Its Voice-Activation Résumé - ("Expedia Brings Voice Bookings, Cancellations and Rewards to Google Assistant," Skift Travel News, October 9, 2018) It was less than two years ago that we featured...more

BCLP

Retailers - can you be liable for cartel behaviour for using pricing software and algorithms?

BCLP on

A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017,...more

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