Antitrust Injury and Damages in Algorithmic Collusion Cases: Another "New Frontier"?

Antitrust attorney David Kully authored an article for the American Bar Association (ABA) Antitrust Law Section's Antitrust Source discussing the evolution of algorithmic pricing and collusion litigation. Mr. Kully highlights the increasing reliance on algorithms for pricing in various industries such as real estate and the legal challenges surrounding proving "algorithmic collusion" as the U.S. Department of Justice and private lawsuits bring antitrust allegations. As cases progress, courts will need to explore novel questions about antitrust injury and damages, including economic theories and the role of algorithms in setting competitive prices.

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