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Algorithms Antitrust Provisions

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

Vinson & Elkins LLP

Antitrust and AI Issues Continue to Mold Corporate Landscape

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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

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

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

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

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

Ballard Spahr LLP

Algorithmic Pricing – The ‘New Frontier’ of Antitrust Law

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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

Brownstein Hyatt Farber Schreck

Antitrust and Algorithms: Congress Wades into the Debate

Last week, the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing on algorithms and their impact on competition and consumer rights. Businesses that use algorithms or machine...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

Ballard Spahr LLP

Multifamily Update: Rent Control Coalition Analysis, ROFR Proposals, and Algorithmic Pricing

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Our most recent Alert included details and updates on rent control, proposed FTC regulation of rental housing junk fees, security camera mandates, and new ROFR proposals. Here is a link to the November 15 Alert. Below are...more

Cornerstone Research

The Popular Perspective on Merger Enforcement: Statistical Analysis of Public Comments

Cornerstone Research on

On January 18, 2022, the FTC and DOJ (the “agencies”) issued a joint request for information (RFI) asking for comments on how they should update their approach to merger enforcement. Similar to past RFIs, a variety of...more

Hogan Lovells

MedTech 2023: Key takeaways from conversations on women’s health, antitrust, and AI

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AdvaMed recently hosted its annual MedTech Conference in Anaheim, California, at which Hogan Lovells lawyers and regulatory specialists convened with business leaders, scientists, investors, regulators, and others across the...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

Troutman Pepper

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

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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

Vinson & Elkins LLP

AI Antitrust Issues Checklist

Vinson & Elkins LLP on

This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...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

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

Robinson+Cole Data Privacy + Security Insider

AI and Antitrust – When Does an Algorithm Become an Agreement?

This blog post is the first in a three-part series exploring the intersection between AI and antitrust.  The first blog post in this series discusses the U.S. Department of Justice, Antitrust Division’s (Division) first...more

Epstein Becker & Green

When Innovation Outpaces Regulation: FTC Chair Calls for Regulating AI

Epstein Becker & Green on

In the absence of a federal law directly aimed at regulating artificial intelligence (AI), the Federal Trade Commission (FTC) is seeking to position itself as one of the primary regulators of this emergent technology through...more

Akin Gump Strauss Hauer & Feld LLP

New AI Legislative Framework Announced

A new legislative framework to regulate artificial intelligence (AI) was recently unveiled by Senate Majority Leader Chuck Schumer (D-NY). The effort, expected to span across multiple congressional committees, is centered on...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

Jones Day

Japanese Court Holds That a Customer-Review Algorithm Change Abused "Superior Bargaining Power"

Jones Day on

In a novel decision, the Tokyo District Court held that a restaurant review platform's unilateral change to its rankings algorithm violated a Japanese antitrust law that prohibits abuse of "superior bargaining power." The...more

Proskauer - Minding Your Business

Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability

On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...more

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