Latest Collusion-by-Algorithm Ruling Offers More of Same, But a Significant New Twist

Antitrust attorneys David Kully and Kenneth Racowski co-authored an article featured in Westlaw Today analyzing recent court rulings on "collusion-by-algorithm" cases in the context of antitrust law. The article examines the emerging consensus among courts regarding what allegations can survive motions to dismiss, focusing on the sharing of competitively sensitive information through pricing software. The authors highlight a significant new development in the Duffy v. Yardi Systems Inc. case in which the court characterized the alleged conduct as per se illegal price fixing, potentially easing the burden for plaintiffs in future cases. They also discuss the implications of this ruling for companies using algorithmic pricing software and outline potential defenses for defendants.

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