ICLE Amicus Brief Cited in JD Supra on Third Circuit Algorithmic Pricing Decision

JD Supra cited an ICLE amicus brief in a piece on the Third Circuit’s decision in Cornish-Adebiyi v. Caesars Entertainment, which revived antitrust claims against casino-hotels over their use of shared algorithmic pricing software. The court acknowledged ICLE’s caution against treating industry-wide use of common pricing software as inherently unlawful.

Read the full piece here. Read the ICLE amicus brief here.

The court expressly acknowledged the caution urged by amicus curiae International Center for Law & Economics (ICLE) that courts should not “criminaliz[e] industry-wide use of the same algorithmic software,” but distinguished the allegations here as involving materially more than the common use of an off-the-shelf tool.