Tacit Collusion

Tim Brennan finds the new shift in antitrust thought and enforcement connected to the Neo-Brandeisian movement to be flawed for the most part. However, he writes that a reinvigorated focus on tacit collusion, which some have blamed on the rise of prices for groceries and apartment rents, may deserve consideration and further study.

A growing number of companies offer artificial intelligence-powered revenue management platforms, which leverage big data and sensitive business information from multiple firms to optimize pricing, output, and other operational decisions for their clients. Over the past 18 months, dozens of antitrust lawsuits have alleged that such platforms facilitate price-fixing among rivals. Barak Orbach explores the strength of the allegations and the antitrust implications of such revenue management platforms.

In new research, Giovanna Massarotto explains how collusion manifests differently in the digital economy. She argues that antitrust regulators, scholars, and courts need to incorporate lessons from computer science to update how they monitor markets and identify algorithmic collusion.

While the development of artificial intelligence has led to efficient business strategies, such as dynamic pricing, this new technology is vulnerable to collusion and consumer harm when companies share the same software through a central platform. Gabriele Bortolotti highlights the importance of antitrust enforcement in this domain for the second article in our series, using as a case study the RealPage class action lawsuit in the Seattle housing market.

Antonio Capobianco, the deputy head of the OECD Competition Division and one of the authors of the 2023 OECD report on algorithmic competition and collusion, explains the risks that algorithms and artificial intelligence pose to competition and how regulators can approach the changing competition paradigm.