News & Analysis as of

Federal Trade Commission (FTC) Algorithms Department of Justice (DOJ)

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence Briefing: Responsible Innovation and Increasing Regulations

This month, the NYDFS issued guidance on cybersecurity risks tied to AI for financial services firms, focusing on risks like AI-enabled attacks and third-party dependencies; California passed a law regulating AI in health...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's Hottest Headlines and Future Forecast

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

Antitrust & Competition Healthcare Quarterly Update Q2 2024

Goodwin on

In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more

Venable LLP

Federal Agencies Increase Focus on Pricing Enforcement

Venable LLP on

Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...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

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

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

Morgan Lewis

Global Regulators Issue Joint Statement on Competition in the Generative AI Sector

Morgan Lewis on

The European Commission, UK Competition and Markets Authority, US Department of Justice, and US Federal Trade Commission have issued for the first time a joint statement outlining their commitment to working together to...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

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

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

Rothwell, Figg, Ernst & Manbeck, P.C.

Pay No Attention to that Man Behind the Curtain: Federal Regulators Crack Down on AI Washing

After more than a decade of development, Amazon has pulled the plug on its “Just Walk Out” technology where Amazon would use artificial intelligence (AI) and machine learning to analyze footage from in-store cameras to...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

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

Schwabe, Williamson & Wyatt PC

Highlights from this week’s IAPP Global Privacy Summit

Since 2011, I’ve attended the International Association of Privacy Professionals’ Global Privacy Summit in Washington, D.C. Each year one session gets everyone talking; this year the honor went to “Direct Insights from U.S....more

HaystackID

Collusive Algorithms? Understanding the Antitrust Implications of Digital Consensus

HaystackID on

Editor's Note: "Collusive Algorithms? Understanding the Antitrust Implications of Digital Consensus" provides a timely exploration into the antitrust challenges posed by algorithmic consensus in the digital age. This article...more

Mintz - Antitrust Viewpoints

DOJ and FTC Weigh in on Alleged Algorithmic Price Fixing — AI: The Washington Report

On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al. In this SOI, the agencies...more

Foley & Lardner LLP

FTC Issues Warning on the Use of Algorithms to Recommend or Set Prices

Foley & Lardner LLP on

The U.S. Federal Trade Commission (FTC) recently published a blog post warning that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. The FTC...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

Proskauer - Minding Your Business

Legislating Around AI-Driven Algorithm Concerns

Pricing algorithms are nothing new. They are, generally speaking, computer programs intended to help sellers optimize prices in real time, or close to it. These programs can use data on demand, costs, or even competitors’...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

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