The Algorithmic Middleman in a Hub-and-Spoke Conspiracy: Divergent Court Decisions and the Expanding Patchwork of State and Local Regulations

Courts in the United States have considered hub-and-spoke conspiracies in antitrust cases for more than eighty years. Recently, a new wave of litigation has focused on algorithmic pricing tools as potential hubs in these types of conspiracies. This article surveys recent federal antitrust cases involving common pricing algorithms, focusing on the contrasting approaches taken in the RealPage and Yardi cases, as well as the Ninth Circuit’s decision in Gibson. Together, these cases highlight dive