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PODCAST · 09 FEBRUARY 2026

Market Intelligence Thought Leadership Award Winner

Regulators Consider A New Theory On Algorithmic Coordination (Podcast)

With agentic AI, we will have technology that could allow companies to dispense with human decision-making. Section 1 of the Sherman Antitrust Act of 1890 — and antitrust law in most jurisdictions — focuses on conspiracies.

United StatesAntitrust/Competition Law

Arman Oruc on an emerging theory about pricing algorithms and collusion — and why enforcement remains limited.

Transcript

The following transcript of this discussion was edited for clarity.

The digital revolution gave companies powerful new ways to understand their customers — and over time, many turned to third-party platforms for analytics and pricing. But as dominant providers emerged, competitors increasingly relied on the same tools, feeding data into the same algorithms.

Now antitrust authorities are asking an uncomfortable question: Could that convergence amount to coordination, even if the companies never talked to each other?

I'm Bob Mertz, and I'm here with Goodwin partner Arman Oruc, one of the authors of a recent article on this topic in our Forces of Law series.

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