A federal judge’s ruling that collusion by algorithm can be considered classic price-fixing bolsters the “per se” theory, embraced by the Justice Department, that the use of AI to collude is inherently unlawful.
Judge Robert S. Lasnik of the US District Court for the Western District of Washington last week allowed a case by private plaintiffs to proceed alleging that software firm Yardi Systems Inc. conspired with property managers to inflate rent prices. In the order, Lasnik said the plaintiffs plausibly alleged a per se violation of antitrust law that presumes anticompetitive effects.
The ruling is a shift from ...
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