Antitrust's New Frontier: Collusion by Algorithm

Please join attorneys David Kully, Bill Katz and Kenneth Racowski from Holland & Knight's Antitrust Team for an analysis of class action attorneys and the government setting their sights on the use of common software by companies to assist in setting prices. Because there is active litigation – and some reported investigations by the U.S. Department of Justice (DOJ) – against hotel owners, multifamily apartment owners, tire companies, health insurers and other companies, businesses need to understand what conduct these cases are targeting so that they can make informed decisions when adopting new pricing tools.

Topics to be covered include:

• traditional antitrust concerns with information sharing by competitors
• efforts by plaintiffs to characterize information sharing through a common software provider as price fixing or collusion by algorithm
• differences between claims that have survived motions to dismiss and those that have received a less-welcome reception by courts to date (with the legal landscape still evolving)
• aggressive positions taken by the antitrust authorities