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ARTICLE · 27 OCTOBER 2023

Buyer Beware - Antitrust Issues In Using AI-Powered B-To-B Software

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I remember my years renting apartments in Manhattan - with absolute dread! Every time I had to move, it seemed that the brokers and landlords had the upper hand...

United StatesAntitrust/Competition Law

I remember my years renting apartments in Manhattan - with absolute dread! Every time I had to move, it seemed that the brokers and landlords had the upper hand, the system was rigged, and that you had to "know someone" to get a good deal. So, it is no surprise to see Senator Amy Klobuchar - who Chairs the Senate's Antitrust Subcommittee - take the issue of AI-powered software tools used in setting rental prices – allegedly facilitating coordination if not outright collusion among owners of rental buildings. A few things jump out on this issue.

First, politics matters. There are only so many hours Congress can spend on any particular antitrust issue. And although technology plays into this issue, it is the fact that it is apartment rentals at issue that is driving Klobuchar's opening statement. If this were about commercial real estate or some sort of widget, I wonder if it would have gotten political traction.

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