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6.10.26
New York Legislature Passes Ban on Personalized Pricing
Last week, the New York State Legislature passed the One Fair Price Act (S.8623B/A.9349B) (the Act), a bill that prohibits businesses from using personal data—such as purchase history, browsing history, real-time location, income, or inferred household size—to generate individual prices for consumers. While the Act bans so-called “surveillance pricing,” or personalized pricing, companies may still use “dynamic pricing” algorithms, subject to a modified disclosure requirement, so long as the algorithm does not set prices based on consumer personal data. The bill now awaits the signature of Governor Kathy Hochul, who has until December 31, 2026, to act.
Alerts
12.01.25
DOJ Settles Its Algorithmic Price-Fixing Case Against RealPage
On November 24, 2025, the Department of Justice (DOJ) filed a proposed settlement to resolve its antitrust claims against the revenue management software company, RealPage Inc. (RealPage), related to certain of its algorithmic rental pricing software products. RealPage did not admit to liability, but did agree to “undertake certain actions and refrain from certain conduct,” as described in detail below. This settlement comes on the heels of a surge of lawsuits, legislation, and scrutiny relating to algorithmic pricing software over the past few years.
Alerts
10.22.25
New York Prohibits Use of Pricing Algorithms for Rent-Setting
On October 16, 2025, Governor Kathy Hochul signed into law S.7882, which amends New York’s antitrust law, the Donnelly Act, to prohibit the use of pricing algorithms by residential landlords to set rent prices. The legislation is one piece of a broad legislative package signed by the Governor which is centered on housing policies in New York.
Alerts
10.08.25
FTC and DOJ Officials Provide New Insights on the Administration’s Antitrust Agenda
Policies and priorities for U.S. competition agencies are coming into sharper focus as leadership settles in under the new administration. Last month’s Fordham Competition Law Institute’s 52nd Annual Conference on International Law and Policy plus Antitrust Economics Workshop offered a chance for leaders at the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) to set out their vision.
Alerts
8.18.25
Ninth Circuit Clarifies (Somewhat) the Antitrust Risk of Pricing Algorithms
On August 15, 2025, the U.S. Court of Appeals for the Ninth Circuit raised the bar for bringing antitrust claims against companies that provide or use pricing algorithms. The decision begins to clarify an area of antitrust law that has been tested recently by several civil cases and the U.S. Department of Justice (DOJ). In sum, the Ninth Circuit held that independently subscribing to a pricing algorithm alone does not constitute the requisite “restraint of trade” under the antitrust laws, even when the subscriber knows its competitors are using the same algorithm.1
Press Releases
8.13.25
Thirteen Wilson Sonsini Attorneys Appointed to American Bar Association Antitrust Leadership Roles
Palo Alto, CA (August 13, 2025) — Wilson Sonsini Goodrich & Rosati, the premier provider of legal services to technology, life sciences, and growth enterprises worldwide, is proud to announce that 12 of its attorneys have been appointed to leadership roles within the American Bar Association (ABA) for the 2025–2026 term. Of these, 11 will serve in the ABA’s Antitrust Law Section—the world’s foremost community of competition and consumer protection professionals, with more than 7,000 members globally. Additionally, one attorney has been named to the ABA’s Business Law Section, one of the organization’s largest sections focused on business, corporate, and commercial law matters.
Client Highlights
7.02.25
Wilson Sonsini Advises Grammarly on Acquisition of Superhuman
On July 1, 2025, Grammarly, the trusted AI assistant for communication and productivity, announced its intent to acquire Superhuman, an AI-native email platform that helps users respond one to two days faster and save four hours per week on email communications. Wilson Sonsini Goodrich & Rosati is advising Grammarly on the transaction.
Alerts
2.05.25
FTC's Bid to Stop Mattress Merger Put to Rest
The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the agency. The FTC confirmed that it will not appeal the federal court’s decision, and the parties expect to close the transaction this week. The decision not to appeal is perhaps unsurprising given the judge’s opinion, which found against the FTC on virtually every material issue.