News & Analysis as of

Sherman Act Algorithms

Proskauer - Minding Your Business

DOJ Targets AI Pricing Algorithms: RealPage Case Signals Potential Shift in Antitrust Enforcement

The Department of Justice and eight state attorneys general filed a civil antitrust lawsuit in August against RealPage Inc. – a Texas-based software company that provides property management software – and several landlords...more

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

Morrison & Foerster LLP on

Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

A&O Shearman

New Jersey District Court Dismisses Algorithmic Room-Rate-Fixing Case Alleging Use Of Room Pricing Software By Atlantic City...

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On September 30, 2024, Judge Karen M. Williams of the United States District Court for the District of New Jersey dismissed with prejudice a complaint, lodged by a putative class of consumers, that alleged various...more

Holland & Knight LLP

Gibson Decision Hands Atlantic City Casino-Hotels Dismissal of Price-Fixing Claims

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As Holland & Knight's Antitrust Team previously reported, the U.S. District Court for the District of Nevada in May 2024 dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators...more

Holland & Knight LLP

DOJ Introduces New Twist in Algorithmic Collusion Cases

Holland & Knight LLP on

It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more

Wilson Sonsini Goodrich & Rosati

Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion

On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more

Robinson+Cole Data Privacy + Security Insider

It Takes More than an Algorithm to Prove an Agreement: An Analysis of Gibson v. Cendyn Group

On May 8, 2024, Chief Judge Miranda Du of the U.S. District Court for the District of Nevada granted defendants’ motion to dismiss with prejudice the complaint in Gibson v. Cendyn Group, LLC, Docket No. 2:23-cv-00140-MMD-DJA,...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

Patterson Belknap Webb & Tyler LLP

DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more

Holland & Knight LLP

Algorithmic Price-Fixing Claims Terminated

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A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...more

Brownstein Hyatt Farber Schreck

Nevada Federal Court Denies Antitrust Conspiracy Based on Use of a Pricing Algorithm

In what will be one of the most important decisions in antitrust since the proliferation of algorithm software, on May 8, 2024, Chief Judge Miranda Du of the United States District Court, District of Nevada, granted the hotel...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

MoginRubin LLP

Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

MoginRubin LLP on

For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more

Mintz - Antitrust Viewpoints

DOJ and FTC Weigh in on Alleged Algorithmic Price Fixing — AI: The Washington Report

On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al. In this SOI, the agencies...more

Foley & Lardner LLP

FTC Issues Warning on the Use of Algorithms to Recommend or Set Prices

Foley & Lardner LLP on

The U.S. Federal Trade Commission (FTC) recently published a blog post warning that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. The FTC...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: What to Watch in 2024

The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more

Mintz - Antitrust Viewpoints

Senators Consider Reforms to Antitrust Law to Address Algorithmic Price-Fixing and Self-Preferencing — AI: The Washington Report

Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Senate Judiciary Committee’s December 13, 2023 hearing...more

Robinson+Cole Data Privacy + Security Insider

AI and Antitrust: When Does an Algorithm Become an Agreement? Part II

In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2023 Spring Meeting

Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more

Proskauer Rose LLP

The Potential Antitrust Impact Of High Court Section 230 Case

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Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more

Vinson & Elkins LLP

From Manila Envelopes to Algorithms: The Department of Justice Revisits Antitrust Information Sharing Guidance

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Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more

Morgan Lewis

2016 Mid-Year Global Cartel Enforcement Report

Morgan Lewis on

Cartel enforcement activity promises to remain busy In the coming months and into 2017 Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more

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