The Department of Justice is cracking down on companies that use artificial intelligence to engage in anticompetitive practices, such as setting prices above market rates, colluding with rivals, and striking exclusionary deals. This comes as no surprise, given the growing concern about AI’s impact on antitrust litigation. The investigation into RealPage, a rental property management software company, is a prime example of this. The company allegedly used AI algorithms to set prices above competitive levels, and the Justice Department is taking a stern stance, stating that automating an anticompetitive scheme does not make it less anticompetitive. This move is part of a broader effort to regulate the use of AI and impose stricter penalties for its misuse. As Assistant Attorney General Jonathan Kanter aptly put it, “If your AI fixes prices, you’re just as responsible.” This development is a significant warning to companies that they must ensure their use of AI is transparent and compliant with antitrust laws. In my opinion, this is a crucial step in preventing the misuse of AI and promoting fair competition in the market.

AI’s Dark Side – Price Fixing
Automating an anticompetitive scheme does not make it less anticompetitive.
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