Mounting regulatory scrutiny over algorithmic pricing necessitates robust internal controls

Partners Josh Shapiro and Patricia Gorham and Associates Kaitlin Carreno and Heidi Smucker have authored an article for Global Competition Review in its annual Antitrust Review of the Americas that explores how algorithmic pricing tools have come under increasing scrutiny from government regulators and private litigants, with some allegations that these pricing tools help facilitate collusion among competitors.

They discuss avoiding potential risks when using such tools, such as limiting reliance on commercially sensitive information and establishing, documenting and enforcing internal policies that ensure transparency regarding pricing decisions.

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