Businesses embracing AI-powered pricing tools face a growing litigation risk, as the private antitrust bar and federal enforcers have argued that longstanding antitrust laws should apply to the use of algorithms and software.
Private plaintiffs filed dozens of algorithmic price-fixing cases against companies in 2025, alleging that companies within an industry using the same price-setting software is anticompetitive.
The cases target a variety of industries, including housing, hotels and casinos, health care, mortgage lending, and equipment rentals.
“This is something that is here to stay,” said Dee Bansal, an antitrust litigation partner with Cooley LLP. ...