Data Debate

Antitrust attorney Kenneth Racowski was interviewed for an article published in the University of Florida Bergstrom Real Estate Center's Due Diligence magazine. The article explores the ongoing issue of the use of rent-setting software by landlords, delving into enforcement actions initiated by the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) against companies including RealPage. The DOJ and FTC accuse RealPage and others of violating the Sherman Antitrust Act by enabling property owners to engage in algorithmic price-fixing by sharing competitively sensitive data and thus colluding to set rents. Mr. Racowski commented on some of the key factors influencing courts' decisions in these cases, such as whether the software draws data from public or non-public sources. He also noted that though litigation remains in the early stages, the rulings will ultimately indicate how judges are applying longstanding legislation in a new context.

"The cases against RealPage are a test of how those old antitrust principles apply in a new digital economy," he said. "The industry is watching closely because the wrong outcome could affect not just apartments, but any sector where algorithmic pricing is becoming standard."

READ: Data Debate (Article begins on page 32)