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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
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
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
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
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
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
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
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
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
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
On October 3, 2024 the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ or the Antitrust Division) participated in the G7 Competition Authorities and Policymakers Summit, which focused on...more
Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more
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
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
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
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
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
While algorithmic pricing has been used in many industries for decades, with the rapid development of artificial intelligence (AI) technology, antitrust enforcers, legislators, and private plaintiffs have been actively...more
The UK Competition and Markets Authority (“CMA”) has published an “Update Paper” outlining its evolving views on AI foundation models as well as its approach to supporting Government consideration on possible regulation. This...more
1. Following up on a December 2023 hearing on algorithmic price-fixing and self-preferencing, Chair of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights Amy Klobuchar (D-MN) introduced a...more
The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more
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
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
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
Artificial intelligence (AI) burst into the public consciousness less than one year ago, with OpenAI’s highly successful public release of ChatGPT. Since then, AI-enabled products and services have proliferated throughout the...more