Wave of Algorithmic Pricing Laws Crashes Over Rental Market

Ken Racowski, co-head of the firm's Antitrust Team, was quoted in a Law360 article discussing the implications of new algorithmic pricing legislation in the rental market. The article examines how proposed laws would shift the burden of proof to software managers to demonstrate their algorithms do not fix prices, creating a presumption of collusion when competitors use the same pricing tools. Mr. Racowski noted that this legislative rush may be premature as the legal standards are still being developed through ongoing federal lawsuits.

"If competitors use the same pricing algorithm and provide confidential pricing information, then under the bill it's presumed there's an agreement in collusion. That's a big step – more than 'closing a loophole,' it's rewriting the standard," he said.

READ: Wave of Algorithmic Pricing Laws Crashes Over Rental Market (Subscription required)