In a recent Law360 article, Baker McKenzie lawyers Mark Weiss, Jeffrey Martino and Andrew Black analyze the US Court of Appeals for the Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment Inc., which addresses the antitrust implications of algorithmic pricing software.

Their key takeaways include:

  • The court revived claims alleging that competing hotels used shared nonpublic data and algorithmic pricing recommendations to coordinate room rates.
  • Recent algorithmic pricing decisions reveal significant differences among courts regarding the legal standards that should apply to these cases.
  • Companies can continue to benefit from pricing technologies but should maintain independent pricing judgment, carefully manage competitively sensitive information and implement robust compliance safeguards.

Read the full article: Law360 - 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing


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