Cendyn Rainmaker

Two Questions Determine Whether a Pricing Algorithm Becomes Evidence of Price Fixing

Two recent court rulings on casino-hotels using a shared software to fix prices reveal the importance of information exchanges as a super plus factor: an indicator of illegal conspiracy to limit trade. Roger D. Blair and Javier D. Donna discuss how these court cases and other recent lawsuits elucidate the role of the information exchange and the two vectors that determine its strength as a plus factor: data sensitivity and a give-to-get understanding among firms that if they shared their data, competitors would do the same.

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