What You Need to Know About Algorithmic Pricing and Antitrust Law: Federal Enforcement, California’s New Law, and Beyond

Topics will include:

• Review of the current federal landscape addressing algorithmic pricing
• Risks in relying on data-sharing, algorithms and data analysis for business decisions
• Lessons from recent DOJ proposed settlements and other enforcement activity
• Highlights from recent civil cases, including the first federal appellate decision on algorithmic pricing
• New California algorithmic pricing law (AB 325) that (1) prohibits the use or distribution of “common pricing algorithms” and (2) creates a standalone prohibition on certain coercive uses of such tools
• Review of enhanced criminal and civil penalties of the Cartwright Act (SB 763)
• Highlighting developments in other jurisdictions, including New York
• Practical takeaways and compliance tips for companies using pricing tools, vendors and shared platforms

The Antitrust team sharing their perspectives and experience include:

• Mark Krotoski, Pillsbury’s Cartel Enforcement leader and Cyber Disputes leader, former assistant chief in the National Criminal Enforcement Section of the Antitrust Division, NDCA U.S. Attorney’s Office Criminal Division chief, and national coordinator of the CHIP Program in the Criminal Division.
• Michael Warley, who counsels clients on litigation and antitrust matters, including government investigations, compliance, mergers and civil litigation relating to Sections 1 and 2 of the Sherman Act, the FTC Act, and state and federal consumer protection statutes.
• Vinny Sidhu, who has experience in antitrust litigation, investigations, counseling and regulatory matters, including issues involving technology, data, and pricing/commercial practices.

For questions, contact Hannah Green.