Revising the U.S. DOJ-FTC Horizontal Merger Guidelines – Accounting for Algorithmic Coordination
Michal Gal & Daniel L. Rubinfeld, University of Haifa & University of California at Berkeley
This Comment is written in response to DOJ-FTC Request for Information on Merger Enforcement. We explain that the use of pricing algorithms based on artificial intelligence methodologies (hereinafter: “pricing algorithms”), by one or both parties, should be taken into account in the merger analysis. This is due to the fact that the use of such algorithms might substantially increase the possibility of explicit or tacit collusive behavior. We then suggest several ways in which merger review and the Horizontal Merger Guidelines can incorporate such effects.
Featured News
Former Sales Pro Admits to Bid Rigging Targeting US Schools
May 13, 2024 by
CPI
Macron Advocates EU Financial Integration Amid Push for Global Competitiveness
May 13, 2024 by
CPI
Microsoft Faces EU Antitrust Charges Over Teams Software
May 13, 2024 by
CPI
EU Antitrust Complaint Filed Against Edwards Lifesciences by Indian Rival Meril
May 13, 2024 by
CPI
South Korea’s Antitrust Watchdog Partners with AliExpress and Temu to Address Safety Concerns
May 13, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Ecosystems
May 9, 2024 by
CPI
Mapping Antitrust onto Digital Ecosystems
May 9, 2024 by
CPI
Ecosystems and Competition Law: A Law and Political Economy Approach
May 9, 2024 by
CPI
Ecosystem Theories of Harm: What is Beyond the Buzzword?
May 9, 2024 by
CPI
Open Ecosystems: Benefits, Challenges, and Implications for Antitrust
May 9, 2024 by
CPI