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Algorithms Anti-Competitive

Cohen & Gresser LLP

Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

Cohen & Gresser LLP on

In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

DLA Piper

Juntos - Dezembro de 2024

DLA Piper on

Bem-vindo ao Juntos, nosso boletim trimestral que explora os principais desenvolvimentos na área concorrencial e antitruste nas Américas, com especial atenção a novidades que possam impactar toda a região. Nesta edição,...more

DLA Piper

Juntos - Diciembre 2024

DLA Piper on

Bienvenidos a Juntos, nuestro boletín que explora desarrollos en el mundo del derecho antimonopolio y de competencia en América Latina. En esta edición, analizamos algunos de los principales titulares del 2024....more

DLA Piper

Juntos - December 2024

DLA Piper on

CNDC prioritizes agency independence, cartel enforcement. In public remarks at an international conference in November, the president of Argentina’s National Commission for the Defense of Competition (CNDC) laid out the...more

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

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

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

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

Carlton Fields

Digital Collusion or Warp-Speed Competition? Evaluating the Agreement Element in the Algorithmic Pricing Antitrust Cases

Carlton Fields on

Picture this: At a meeting of local landlords, one participant raps his knuckles on the table and announces his grand idea for increasing the group’s collective profits. Each landlord should “independently” contract with a...more

Proskauer - Minding Your Business

Legislating Around AI-Driven Algorithm Concerns

Pricing algorithms are nothing new. They are, generally speaking, computer programs intended to help sellers optimize prices in real time, or close to it. These programs can use data on demand, costs, or even competitors’...more

Ballard Spahr LLP

Algorithmic Pricing – The ‘New Frontier’ of Antitrust Law

Ballard Spahr LLP on

Summary - Government antitrust enforcers and plaintiffs’ class action lawyers are increasingly focusing on algorithmic pricing software programs used in various sectors of the real estate market. Driving this focus is...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

The AI Executive Order and Antitrust Enforcement: An Uncertain Future

On October 30, 2023, President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” (AI EO). At 63 pages, the AI EO outlines a comprehensive framework for...more

Kohrman Jackson & Krantz LLP

FTC Sues Amazon Over Its Monopoly Power

The Federal Trade Commission (FTC) has reinforced its aggressive stance on enforcing antitrust laws by filing a federal lawsuit against Amazon on September 26, 2023. Seventeen other states have also joined in this legal...more

Troutman Pepper Locke

Addressing Competition Concerns in the Developing Generative AI Industry: Key Insights From the FTC’s Analysis

Troutman Pepper Locke on

Artificial intelligence has the potential to transform our economy, culture, politics, and civic lives. While the promise of intelligent, independent artificial intelligence systems has not yet materialized at scale,...more

Troutman Pepper Locke

Addressing Competition Concerns in the Developing Generative AI Industry: Key Insights From FTC Analysis

Troutman Pepper Locke on

The rapid advancement of generative artificial intelligence (AI) raises important competition concerns, prompting the Federal Trade Commission (FTC) to analyze potential risks and propose solutions. In its recent June 29 blog...more

A&O Shearman

Revised EU rules on horizontal cooperation agreements include guidance on sustainability initiatives, information exchange and...

A&O Shearman on

On 1 June 2023, the European Commission (EC) adopted revised Horizontal Block Exemption Regulations on research & development agreements (R&D BER) and specialisation agreements (Specialisation BER) (jointly referred to as...more

Weintraub Tobin

Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm

Weintraub Tobin on

Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by...more

Orrick, Herrington & Sutcliffe LLP

FTC Chairwoman Slaughter Sets Sights on Big Data and Artificial Intelligence Oversight

In her first major remarks as Acting Chairwoman of the Federal Trade Commission (FTC), Rebecca Kelly Slaughter outlined her enforcement priorities under the new administration in a conversation with the Future of Privacy...more

Latham & Watkins LLP

UK CMA: Can Algorithms Harm Competition?

Latham & Watkins LLP on

The CMA’s new programme of work will examine whether algorithmic systems can be used in ways that create anti-competitive effects and consumer detriment. Key Points: ..The CMA’s research will focus largely on...more

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Autumn 2019

Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this Autumn's edition of our quarterly ACER newsletter. Algorithms in the spotlight of antitrust authorities - Joint study by the...more

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