Simpson Thacher Attorneys Author Law360 Article on DOJ’s Focus on Pricing Algorithms in RealPage Case
12.12.23
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Litigation Partners Abram Ellis and Preston Miller, and Associate Avia Gridi authored an article titled, “DOJ's RealPage Notice Signals Focus On Pricing Algorithms,” which was published by Law360. The article discussed a statement of interest filed by the DOJ’s Antitrust Division in In re: Realpage, Rental Software Antitrust Litigation (No. II), in which it argued that reliance on third-party price setting algorithms can comprise per se illegal price fixing in violation of the Sherman Act and should be subject to the same condemnation as other price-fixing schemes. It further noted that the DOJ's statement suggests that we may continue to see similar actions in the future. The article concluded that firms should exercise caution when using algorithms for competitively sensitive business functions, as AI remains an area of focus for competition enforcers around the world.
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