Pricing Algorithms and Antitrust Enforcement: More Scrutiny?

Originally published in Antitrust Magazine, Volume 38, Issue 3 | Summer 2024

In the ever-evolving landscape of digital commerce, pricing algorithms have emerged as powerful tools wielding significant influence over market dynamics. In the article "Pricing Algorithms and Antitrust Enforcement: More Scrutiny?" Christie Boyden delves into the mounting efforts by antitrust enforcers to scrutinize and challenge the use of these algorithms under current laws. Through an examination of landmark cases like U.S. v. Google, FTC v. Amazon, and District of Columbia v. RealPage Inc., Ms. Boyden unpacks the legal arguments from both plaintiffs and defendants.

Ms. Boyden discusses the fine line between procompetitive benefits and anticompetitive harms that these algorithms navigate, exploring how modern technology intersects with traditional antitrust principles. The article offers a deep dive into the complexities of how machine learning and artificial intelligence-driven pricing strategies are reshaping competitive landscapes and drawing the attention of regulatory bodies.