Antitrust enforcement officials in the US and EU are watching developments surrounding the use of pricing algorithms and artificial intelligence. One area in particular that has drawn attention is the emerging use for AI to combine data and analytics to more accurately price products.

Of course, competitive intelligence gathering is a fact of life in business, and many companies have compliance policies to deal with antitrust risks that can arise when handling such information. However, what is (somewhat) new is that pricing algorithms and AI can further automate and accelerate the process through which companies set prices and gather information. But do these new technologies create unique antitrust risks?

The short answer is no. Luckily, companies don’t need to look too far to see how antitrust authorities have confronted these issues. Antitrust enforcers are using time-tested approaches to questions concerning very new technology. For corporate compliance teams, that means that the safeguards are similar to those you would encounter in other familiar contexts.

This article, first published by Bloomberg Law, explores real-world examples and lays out key corporate compliance considerations that are likely to arise when using these technologies. It also looks at how enforcers are evaluating the issues surrounding pricing algorithms and the importance they have placed on applying traditional frameworks in analyzing these emerging technologies.

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Creighton Macy is the Chair of the Firm's North America Antitrust & Competition Practice Group. Creighton has extensive experience representing clients in a wide variety of antitrust matters, including mergers and acquisitions, investigations by the United States Department of Justice and the Federal Trade Commission, private litigation, and counselling on issues such as antitrust compliance.


Dan advises clients on broad range of antitrust issues including litigation, merger clearance, and government investigations before the Department of Justice, Federal Trade Commission, US courts, and foreign authorities. His practice also includes antitrust counseling, strategic collaborations and joint ventures, pricing and distribution practices, intellectual property and licensing matters, and corporate compliance.

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