Partners Joshua Goodman, Minna Lo Naranjo, Geoffrey Holtz, and Rishi Satia, with associate Amir Ali, co-authored a Law360 Expert Analysis article about the implications of denial of a motion to dismiss in Duffy v. Yardi Systems Inc., holding that the plaintiffs’ allegations were sufficient to allege a per se unlawful antitrust conspiracy.
The authors note that the ruling is in tension with other recent district court decisions involving algorithmic revenue management tools and creates an apparent split in the lower courts over how to assess such claims under Section 1 of the Sherman Act. Compared to other decisions, they note, Yardi “would expose users of algorithmic pricing tools to increased antitrust liability risks.”