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Department of Justice (DOJ) Competition Algorithms

Morrison & Foerster LLP

Algorithmic “Collusion” Theories: Check Out Time or Extended Stay? Ninth Circuit Affirms Complaint Dismissal As Algorithm Scrutiny...

On August 15, 2025, the Ninth Circuit affirmed dismissal of a putative class action alleging Las Vegas Strip hotels used Cendyn Group’s revenue management software to artificially inflate prices in violation of Section 1 of...more

Redgrave LLP

Adapting to and Getting Ahead of Changes in Antitrust and Other Regulatory Demands in 2025 and Beyond

Redgrave LLP on

Seismic shifts in the legal and regulatory landscape are underway, driven by evolving federal policy, shifting state priorities, and the rapid advancement of artificial intelligence (AI) and other emerging technologies. These...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Clarifies (Somewhat) the Antitrust Risk of Pricing Algorithms

On August 15, 2025, the U.S. Court of Appeals for the Ninth Circuit raised the bar for bringing antitrust claims against companies that provide or use pricing algorithms. The decision begins to clarify an area of antitrust...more

Mintz

No Day But Today: Greystar Reaches Settlement Agreement with the Department of Justic in Realpage Algorithmic Pricing Case

Mintz on

Last August, we wrote about the Justice Department’s lawsuit against software developer RealPage, which alleged that the property management software company enabled rent collusion, through its revenue management product, in...more

King & Spalding

The Global Content Regulation Landscape – Developments in the EU, UK, U.S., and Beyond

King & Spalding on

Global digital platforms face an increasingly complex and fragmented content regulation landscape. Governments worldwide are imposing overlapping and sometimes conflicting rules for monitoring, managing, or restricting online...more

DLA Piper

Antitrust Enforcement in the Digital Age: DOJ Signals New Approach to Big Tech, Algorithms, and Digital Mergers

DLA Piper on

In a recent address to the International Association of Privacy Professionals, Principal Deputy Assistant Attorney General Roger Alford outlined the Department of Justice (the DOJ or Department)'s evolving strategy for...more

Foley & Lardner LLP

Five Tips for Navigating Antitrust Risk from Algorithmic Pricing Software

Foley & Lardner LLP on

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

The Volkov Law Group on

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

DLA Piper

The Preventing Algorithmic Collusion Act: Strike Two

DLA Piper on

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

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

WilmerHale

Antitrust Compliance: What to Know for 2025

WilmerHale on

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

Holland & Knight LLP on

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

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

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

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

Morrison & Foerster LLP on

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

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

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