That is the entire basis for the RealPage lawsuit. The point is that if the effect on pricing is indistinguishable from price fixing, it doesn't matter if the act of colluding is abstracted into and laundered through a 3rd party with an algorithmic system responsible for setting prices.
Honestly, I think it does still matter. The basis for the RealPage lawsuit seems to be that people inside and outside the company glibly considered it price-fixing, and said it out loud to each other. The didn't really seem to make the case that it was "algorithmic price-fixing" (Disclaimer: not a lawyer). You can only argue in court about existing laws, so until algorithmic price-fixing is written in the law books (or settled case law) you're gonna have a tough time bringing that up to a judge.
willseth|1 year ago
CRConrad|1 year ago
(Got the link from a comment on another recent HN post, IIRC.)
ambicapter|1 year ago
theGnuMe|1 year ago
I always ask myself, as to the legality or ethics, would this survive review by a jury of my peers...
fastball|1 year ago