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Algorithms Competition

Mogin Law LLP

California Antitrust Laws May Get Even Tougher Than U.S. Law

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California antitrust laws may be on the verge of a major transformation, with proposed changes that could significantly impact how businesses operate in the state, particularly in the digital sphere. ​At the request of the...more

Kelley Drye & Warren LLP

Missouri Attorney General Introduces New Rule Requiring Social Media Companies to Offer Competitor Content Moderators

Utilizing regulatory powers under its UDAP law, the Missouri Merchandising Practices Act (the ​“MMPA”), Missouri Attorney General Andrew Bailey announced a new rule, codified as 15 C.S.R § 60-19, that would prohibit social...more

Amundsen Davis LLC

5 Reasons Your Bank Needs an AI Policy (Right Now)

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Banks of all sizes must confront the rapid integration of artificial intelligence within their institutions (and everywhere, for that matter). AI tools are already widely used, often without proper oversight, as employees and...more

Foley & Lardner LLP

Five Tips for Navigating Antitrust Risk from Algorithmic Pricing Software

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In recent years, both private plaintiffs and the government have increasingly scrutinized businesses’ use of “algorithmic pricing” software, leading to a wave of antitrust lawsuits and enforcement actions. These softwares,...more

The Volkov Law Group

DOJ Adopts Aggressive Stance Against Algorithmic Coordination in Multiplan Antitrust Filing

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Recently, the Antitrust Division of the United States Department of Justice submitted a Statement of Interest in In re: Multiplan Health Insurance Provider Litigation, a class action presently pending before the United States...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Enforcers’ Roundtable

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Examining Algorithmic Pricing Tools

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

A&O Shearman

California District Court Grants Software Company’s Motion To Dismiss In Algorithmic Price Fixing Case

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On March 21, 2025, Judge Jeffrey S. White of the United States District Court for the Northern District of California granted defendant software company’s motion to dismiss plaintiffs’ claims of price-fixing under the Sherman...more

DLA Piper

The Preventing Algorithmic Collusion Act: Strike Two

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Senator Amy Klobuchar (D-MN) and eight Senate co-sponsors reintroduced “The Preventing Algorithmic Collusion Act” – formerly Senate Bill 3686 – as Senate Bill 232 (S. 232) on January 23, 2025. S. 232 makes no substantive...more

Morgan Lewis

AI and Algorithmic Pricing: 2025 Antitrust Outlook and Compliance Considerations

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While algorithmic pricing has been used in many industries for decades, the rapid development of artificial intelligence (AI) technology has led antitrust enforcers—including federal agencies and state attorneys...more

Quarles & Brady LLP

Competitive AI Use May Raise IP Issues

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As more and more companies employ artificial intelligence (“AI”) in their business activities, novel legal questions continue to arise. Of particular note is the application of existing principles of intellectual property...more

Cohen & Gresser LLP

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

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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

Foley & Lardner LLP

Federal Court Applies Antitrust Standard of Per Se Illegality to “Algorithmic Pricing” Case

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A federal district court in Seattle recently issued an important antitrust decision on “algorithmic pricing.” Algorithmic pricing refers to the practice in which companies use software to help set prices for their products or...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up – New Year, New Administration

The new year marks the transition from the Biden administration and its whole-of-government approach to antitrust enforcement, to the return of President Trump. To spearhead his administration’s antitrust enforcement efforts,...more

WilmerHale

Antitrust Compliance: What to Know for 2025

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Active until its final day in office, the Biden administration focused intently on antitrust compliance programs. Most recently, antitrust enforcers made significant policy changes to their approach to evaluating corporate...more

Holland & Knight LLP

The Latest on RealPage Collusion-by-Algorithm Litigation

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Amended Complaints from DOJ, DC AG Reveal Enforcers' Views of Limits on Permissible Use of Pricing Software - The new year brought significant new changes to the still-developing collusion-by-algorithm litigation...more

Seyfarth Shaw LLP

FTC Workshop Targets Digital Marketplaces for Potential Predatory Pricing Claims

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During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

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There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

Morrison & Foerster LLP

Information Sharing, Pricing Algorithms, and Antitrust Liability: Where Is the Line?

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Antitrust enforcers and private plaintiffs over the past few years have pursued increasingly aggressive theories of liability based on information exchange and the use of algorithmic pricing and revenue management software....more

DLA Piper

Juntos - Dezembro de 2024

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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

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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

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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

Wilson Sonsini Goodrich & Rosati

Latest Ruling Relating to Pricing Software Highlights Antitrust Risks

Another court has allowed antitrust claims to proceed against competitors that use the same revenue management software. The case involves competitors in the real estate industry, but the takeaway is the same for any...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Summer Surge Foreshadows Enforcement Intrigue

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

BCLP

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

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Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more

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