News & Analysis as of

Federal Trade Commission (FTC) Algorithms Competition

Morgan Lewis

AI and Algorithmic Pricing: 2025 Antitrust Outlook and Compliance Considerations

Morgan Lewis on

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

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Seyfarth Shaw LLP

FTC Workshop Targets Digital Marketplaces for Potential Predatory Pricing Claims

Seyfarth Shaw LLP on

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

Hogan Lovells on

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?

Morrison & Foerster LLP on

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

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

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

BCLP

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

BCLP on

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

Hogan Lovells

International antitrust enforcers outline competition concerns in AI markets

Hogan Lovells on

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

Baker Botts L.L.P.

Competition Currents: Summer 2024 News Round Up

Baker Botts L.L.P. on

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

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

Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

Jackson Lewis P.C. on

On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...more

Kerr Russell

Price Collusion in the Crosshairs

Kerr Russell on

There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

WilmerHale

UK, EU, and US release joint statement on competition in generative AI foundation models and AI products

WilmerHale on

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

Vinson & Elkins LLP

Antitrust and AI Issues Continue to Mold Corporate Landscape

Vinson & Elkins LLP on

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

Mogin Law LLP

Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

Mogin Law 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

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

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

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

ArentFox Schiff

The Federal Trade Commission and Artificial Intelligence

ArentFox Schiff on

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

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

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