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Algorithms present new method for anticompetitive collusion, US DOJ tells appeals court in case over Las Vegas hotels

( October 24, 2024, 23:32 GMT | Official Statement) -- MLex Summary: When competitors use the algorithms to guide decisions of competitive significance, their doing so can raise antitrust concerns, the US Department of Justice told the US Court of Appeals for the Ninth Circuit. The DOJ filed a brief in support of the court reviving hotel patrons’ claims accusing MGM Resorts, Caesars Entertainment, other Las Vegas hotels and Cendyn Group of engaging in algorithmic price-fixing. “In dismissing plaintiffs’ second cause of action challenging the set of agreements between Cendyn and each hotel, the court held that the agreements could not be ‘in restraint of trade’ because Cendyn’s prices were mere starting points. That holding contravenes settled antitrust principles, and, if affirmed, could stymie meritorious antitrust claims involving pricing algorithms by taking well-established legal theories off the table,” it said.See document below. ...

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