Antitrust Developments in Algorithmic Collusion and Coercion

Although the explosion of artificial intelligence is a relatively recent phenomenon, the use of algorithms to set prices has been around for multiple decades.   Advances in AI have accelerated their use, and the potential for antitrust risks has borne out in recent litigation involving allegations that algorithms have facilitated collusion and/or coercion.  Our panel of experts will engage in a discussion on these issues, including (1) a summary of key rulings on algorithmic collusion thus far; (2) the use of algorithms in the healthcare industry, and the latest developments in the MultiPlan and Zelis cases; (3) what to expect from antitrust enforcers in this area going forward; (4) economic considerations when weighing procompetitive benefits of algorithms against the potential for collusive or coercive behavior; and (5) key takeaways to ensure businesses’ use of algorithmic pricing comply with federal and state antitrust laws.

5pm cocktail reception following the CLE.

Speakers

Craig Carpenito, King & Spalding LLP
Ross Elfand, King & Spalding LLP
Alex MacKay, University of Virginia
David Reichenberg, Antitrust Section Chief, Attorney General of New Jersey
Michaela L. Wallin, Berger Montague