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ARTICLE · 01 MAY 2024

DOJ "Triples Down" On View That Use Of Pricing Algorithms Can Support Price-Fixing Claims

Holland & Knight
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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...

United StatesAntitrust/Competition Law
David Kully
David Kully
Jessica Farmer
Jessica Farmer
Anna P. Hayes
Anna P. Hayes
Patrick G. Selwood
Patrick G. Selwood
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Highlights

  • The Antitrust Division of the U.S. Department of Justice (DOJ) recently offered support for the third time for plaintiffs in class action lawsuits challenging the use of software to assist in pricing decisions.
  • The latest round of DOJ backing was offered in relation to Cornish-Adebiyi, et al. v. Caesars Entertainment, Inc., et al., a pending case in which casino hotels allegedly inflated room prices through the use of software that incorporates a pricing algorithm.
  • This Holland & Knight alert examines recent attention from the federal government and states on the use by competitors of common software platforms to set prices of hotel rooms and apartments – a practice also adopted in other environments.

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