Partner Joshua Goodman was quoted in a Bloomberg Law article about how a recent federal court ruling in Duffy v. Yardi Sys., Inc. that collusion by algorithm can be considered price-fixing bolsters the “per se” theory that the use of AI to collude is inherently unlawful. Josh noted that until this decision, the per se theory had yet to be adopted in an algorithmic collusion case.
“There are several arguments for applying rule of reason to these types of cases. I would expect defendants to keep making those arguments,” Josh said.
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