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Sherman Act › Antitrust Provisions › Machine Learning

Axinn, Veltrop & Harkrider LLP

First Appellate Ruling on Algorithmic Pricing: What the Ninth Circuit Said Versus What It Did

Axinn, Veltrop & Harkrider LLP on

In Gibson v. Cendyn Group, the U.S. Court of Appeals for the Ninth Circuit became the first federal court of appeals to evaluate an antitrust claim based on algorithmic pricing. The plaintiffs-appellants brought suit under...more

Robinson+Cole Data Privacy + Security Insider

AI and Antitrust: When Does an Algorithm Become an Agreement? Part II

Robinson+Cole Data Privacy + Security Insider on

In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more

Vinson & Elkins LLP

From Manila Envelopes to Algorithms: The Department of Justice Revisits Antitrust Information Sharing Guidance

Vinson & Elkins LLP on

Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more

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