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8.03.26
Another Signal on the Antitrust Risks of Pricing Algorithms
On July 29, 2026, the U.S. Court of Appeals for the Third Circuit allowed a class action alleging antitrust violations against companies using a common pricing algorithm to proceed.1 The Third Circuit held that when an “algorithm is in effect collecting non-public commercial information from [competitors] and utilizing the collective pot of data to ‘suggest’ prices to each [competitor],” that “surely raise[s] a plausible inference of collusion under Section 1 of the Sherman Act.”2
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4.22.26
State Coalition Claims Victory in Live Nation Monopolization Trial
On April 15, 2026, a federal jury found Live Nation liable for monopolization. The case was initially filed by the U.S. Department of Justice (DOJ) and joined by 40 attorneys general (AGs) from the states and the District of Columbia, but the DOJ reached a surprise mid-trial settlement limited to behavioral remedies. A broad coalition of 34 of the AG plaintiffs, from both political parties, rejected the federal settlement as inadequate and continued to litigate the case, culminating in a resounding verdict for the states on all counts tried.