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Algorithms Department of Justice (DOJ)

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

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

Jackson Lewis P.C. on

On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...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

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2024

Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Age of the Algorithm: Understanding the Rewards and Risks of Algo Pricing

A range of businesses are increasingly turning to pricing algorithms to gain a competitive edge and increase revenue. At the same time, competition regulators are increasing their focus on algorithmic pricing, intent on...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

Benesch

The DOJ's Lawsuit Against RealPage: Unpacking the Allegations and Implications for the Rental Market

Benesch on

The U.S. Department of Justice (DOJ) and eight state attorneys general have filed a lawsuit against real estate software company RealPage, alleging that its algorithmic pricing system has contributed to widespread...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

Morgan Lewis

Global Regulators Issue Joint Statement on Competition in the Generative AI Sector

Morgan Lewis on

The European Commission, UK Competition and Markets Authority, US Department of Justice, and US Federal Trade Commission have issued for the first time a joint statement outlining their commitment to working together to...more

WilmerHale

UK, EU, and US release joint statement on competition in generative AI foundation models and AI products

WilmerHale on

On July 23, the European Commission, US Department of Justice, US Federal Trade Commission, and UK Competition and Markets Authority released a joint statement setting out shared principles on competition in markets that...more

Vinson & Elkins LLP

Antitrust and AI Issues Continue to Mold Corporate Landscape

Vinson & Elkins LLP on

Antitrust issues have cut deeply into the corporate landscape, and this year is shaping up for more of the same. Generative artificial intelligence, merger enforcement, and trial risks stand out as three of the most important...more

Jones Day

Vital Signs: Digital Health Law Update | Spring 2024

Jones Day on

Welcome to Vital Signs, a curated compilation of the latest legal and regulatory developments in digital health. Our lead article reports on recent developments in the U.S. Food and Drug Administration's ("FDA") regulatory...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: 2024 Mid-Year Global Review

At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. In the United States, the U.S. Department of Justice (DOJ)’s Antitrust Division (Division) enjoyed two significant victories and finally...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

Vinson & Elkins LLP

Checkpoints Ahead: Parsing the AI Risk Environment

Vinson & Elkins LLP on

Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to...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

Rothwell, Figg, Ernst & Manbeck, P.C.

Pay No Attention to that Man Behind the Curtain: Federal Regulators Crack Down on AI Washing

After more than a decade of development, Amazon has pulled the plug on its “Just Walk Out” technology where Amazon would use artificial intelligence (AI) and machine learning to analyze footage from in-store cameras to...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

Snell & Wilmer

The Department of Justice Is Building a Data Security Protection and Enforcement Program

Snell & Wilmer on

In response to President Biden’s Executive Order authorizing increased data privacy measures, Assistant Attorney General (AAG) Matthew G. Olsen announced that the National Security Division of the Department of Justice (DOJ)...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

Schwabe, Williamson & Wyatt PC

Highlights from this week’s IAPP Global Privacy Summit

Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more

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