How is technology impacting trends in antitrust litigation?

Algorithmic pricing is now generating notable litigation in the US, having been on the radar of authorities around the world as a potential concern for some time. This is part of the trend of developments in technology disrupting and changing traditional perspectives on pricing and information exchanges in the US, Europe and elsewhere. 

In this video, which is part of our series of videos on antitrust and competition trends for 2024, Robin Adelstein and Caroline Thomas compare the position in the US and Europe.  The UK and EU are behind the US in terms of the number of live cases regarding algorithms in the courts, but this area is increasingly attracting authority interest and litigation will follow. 

The video also highlights similarities in key principles between the approach of the authorities in the US, UK and EU, including that parties cannot avoid liability by arguing their prices were determined by algorithms and that even sharing information or coordinating on which algorithm to use can itself raise a competition law concern.