In the Headlines
August 29, 2024
DOJ RealPage Suit Buoys Private Algorithmic Price-Fixing Cases
Bloomberg Law
Antitrust attorney Kenneth Racowski was quoted in a Bloomberg Law article about the potential impact of the U.S. Department of Justice's (DOJ) lawsuit against RealPage on pending private litigation concerning rental price-fixing. The article discussed how private litigators can cite discovery found in the DOJ's suit to bolster their arguments, and how the DOJ's case differs from private litigation by accusing RealPage of engaging in an illegal information exchange rather than a price-fixing conspiracy. Mr. Racowski noted the significance of this distinction and how it could affect the outcome of the case.
"DOJ won't have to show a lot of what private plaintiffs have to show about an agreement to fix prices," he said. "They only have to show an agreement among the landlords to use the software, give RealPage their confidential information with the knowledge that others are for purposes of benefiting from the RealPage software recommendations."
READ: DOJ RealPage Suit Buoys Private Algorithmic Price-Fixing Cases (Subscription required)
"DOJ won't have to show a lot of what private plaintiffs have to show about an agreement to fix prices," he said. "They only have to show an agreement among the landlords to use the software, give RealPage their confidential information with the knowledge that others are for purposes of benefiting from the RealPage software recommendations."
READ: DOJ RealPage Suit Buoys Private Algorithmic Price-Fixing Cases (Subscription required)