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Algorithms Sherman Act Antitrust Division

Mintz - Antitrust Viewpoints

DOJ Reaffirms Stance on Algorithmic Price Fixing, While Federal Judge Dismisses Price Fixing Complaint Against Software Company —...

On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...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

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

Holland & Knight LLP

Latest Collusion-by-Algorithm Ruling Offers More of Same, but a Significant New Twist

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Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

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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

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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

Troutman Pepper Locke

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

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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

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

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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

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

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