Algorithms, Artificial Intelligence And Joint Conduct

By Dylan I. Ballard & Amar S. Naik

Sophisticated pricing algorithms and artificial intelligence have attracted the attention of antitrust and competition enforcers. These new technologies may require some new ways of thinking about joint conduct such as price-fixing conspiracies. But to what extent do these innovations really alter traditional antitrust analysis under Section 1 of the Sherman Act? This article briefly analyzes existing legal doctrines and principles to see if they can offer antitrust and competition practitioners any guidance before we jump into this “brave new world.”

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