The Biden administration has been active in challenging algorithmic price fixing and price coordination. But has the administration proposed a workable framework for distinguishing unlawful price fixing, and unlawful information exchange, from efficient and welfare enhancing use of new technologies? Brandon Gould, Special Counsel at Covington, and Jay Ezrielev, Founder of economic consulting firm Elevecon, join the podcast to discuss how the courts and DOJ are applying antitrust law to the growing use of algorithms to provide market participants with recommendations on pricing and output decisions.
Bio: Jay Ezrielev
Bio: Brandon Gould
Jay Ezrielev, DOJ’s War on Progress in Rental Markets, (CPI, Aug. 5, 2024)
Brandon Gould, August Gweon, Cortlin Lannin & Terrell McSweeny, Competition & Collusion in a World of Algorithmic Pricing: Antitrust Risks & Enforcement Trends (CPI, Feb. 2024)
Brandon Gould & August Gweon, New Jersey Court Dismisses Software Price-Fixing Claims Against Atlantic City Casinos (Oct. 4, 2024)
Brandon Gould & August Gweon, State Courts Dismiss Claims Involving the Use of Revenue Management Software in Residential Rental and Health Insurance Industries (Sept. 30, 2024)
Brandon Gould & August Gweon, No Dice: Nevada Court Dismisses with Prejudice Algorithmic Price Fixing Theories in Vegas Hotels Case (May 28, 2024)
Brandon Gould & August Gweon, Brief Stay: Vegas Hotel Case Dismissed (Nov. 20, 2023)