U.S. Competition Agencies File Statement of Interest in Algorithmic Pricing Case
By:
On March 28, 2024, the U.S. Department of Justice and the Federal Trade Commission jointly filed a Statement of Interest on behalf of the United States in the case of Cornish-Adebiyi v. Caesars Entertainment, 1:23-CV-02536 (D.N.J. Mar. 28, 2024).
In this Statement, the agencies contest two legal arguments presented by the Cornish-Adebiyi defendants in their motion to dismiss. Firstly, they assert that while communications between competitors can provide strong evidence of an agreement, there exists no strict requirement mandating proof of such communications to establish the existence of an agreement under Section 1. According to the agencies, Section 1 claims may also be substantiated solely by actions, such as in cases of tacit agreements, or agreements facilitated by communications between competitors and a central intermediary, as in “hub-and-spoke” conspiracies.
Moreover, in response to the defendants’ argument that alleged conduct doesn’t amount to per se unlawful price fixing if pricing recommendations are non-binding, the agencies argue that per se illegal price fixing encompasses agreements concerning the “starting point of prices,” irrespective of the frequency with which such agreements are adhered to.
Featured News
Judge Mehta Questions Both Sides in Landmark Google Antitrust Case
May 2, 2024 by
CPI
FCC Urges Urgent Funding for Removal of Chinese Telecom Equipment from U.S. Networks
May 2, 2024 by
CPI
Former Pioneer CEO Facing Potential Criminal Charges For Colluding With OPEC
May 2, 2024 by
CPI
South Korea’s Antitrust Regulator Greenlights K-Pop Powerhouse Deal
May 2, 2024 by
CPI
Exxon’s Pioneer Purchase Approved, Former CEO Barred from Board
May 2, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI