Leaving Las Vegas: Third Circuit Breaks From Ninth Circuit Ruling On Algorithmic Pricing Claims

On July 29, 2026, in Cornish-Adebiyi v. Caesars Entertainment, Inc., the Third Circuit reversed the dismissal of a putative class action alleging that Atlantic City casino-hotels conspired to fix guest-room rates through a common pricing algorithm.¹ It is the first federal appellate court to allow algorithmic price-fixing claims to survive a motion to dismiss. The decision comes less than a year after the Ninth Circuit became the first federal appellate court to address the antitrust implications of algorithmic pricing in Gibson v. Cendyn Group, LLC — where it upheld the district court’s dismissal of a complaint involving Las Vegas casino-hotels using the same algorithmic pricing software.² While both cases involved the use of the same software, the differing outcomes illustrate not a conflicting approach to the applicable legal standards but to differences in the facts alleged. The Third Circuit found a viable antitrust claim because it concluded that the complaint adequately