“Old Crime, New Code” – DOJ Outlines its Views on When Software and AI Can Facilitate Collusion | Axinn, Veltrop & Harkrider LLP
https://www.jdsupra.com/legalnews/old-crime-new-code-doj-outlines-its-6810015/
Publish Date: 2026-05-19 14:16:00
Source Domain: www.jdsupra.com
- Antitrust enforcement focuses on policing algorithmic collusion and determining how algorithms used in pricing software can be used to fix prices.
- Although algorithms are a new mechanism for collusion, they are subject to the same legal analysis and evidentiary burdens as traditional cartels.
- Law enforcement can detect evidence of collusion via digital trails left behind by software tools.
- DOJ can prove an agreement to fix prices if competitors knowingly use and rely on shared non-public competitive information.
- Glad emphasized the importance of compliance with antitrust laws when using artificial intelligence and algorithmic tools for competitive decision-making, such as pricing or procurement.
