The DOJ has signaled that it may potentially file a statement of interest by November 15, pending the plaintiffs’ responses to the latest dismissal motions expected to be filed a week earlier.
Patrick Coughlin, interim co-lead counsel for the tenants, conveyed their appreciation for the DOJ’s interest in the RealPage litigation, emphasizing their eagerness to hear the DOJ’s stance on the application of Section 1 of the Sherman Act to the use of algorithms in pricing by competitors.
Coughlin anticipates that the agency’s reasoning will echo a statement by former acting Federal Trade Commission Chairperson Maureen K. Ohlhausen in 2017, who questioned the ethical implications of a person or an algorithm collecting confidential pricing data from market participants and instructing them on how to set prices.
At the time of reporting, the defendants’ representatives had not responded to requests for comments.
The DOJ is represented by Michael C. Tackeff and Yixi Cheng from the U.S. Department of Justice.
