Revisiting Information Sharing in the Wake of Agri Stats and RealPage

This article examines the evolution of antitrust enforcement on information sharing in the wake of the Department of Justice’s recent cases against Agri Stats and RealPage.  With the rescission of longstanding “safety zone” guidance and a shift toward case-by-case analysis, these matters provide important insight into how enforcers assess both traditional benchmarking practices and emerging algorithmic pricing tools.  The article highlights the agencies’ heightened focus on granular, n