Antitrust Column & Publications

U.S. Brings Computerized Price-Fixing Charges

Date: 12/23/15

Source: The New York Law Journal. Reprinted with permission.

The U.S. Department of Justice brought criminal charges against online retailers for conspiring to fix prices by utilizing algorithm-based pricing software, among other means. The U.S. Court of Appeals for the Third Circuit ruled that a real estate owner and developer had standing to assert antitrust claims against a supermarket chain even though the developer was neither a competitor nor a customer of the defendant, because its injury from alleged interference with obtaining permits was inextricably intertwined with the harm to a rival supermarket. A district court set aside a jury verdict finding that a cable provider unlawfully tied its premium service to the rental of set-top boxes because those boxes were not available from any other source.

U.S. Brings Computerized Price-Fixing Charges.pdf (pdf | 237.80 KB )