Legislators at many levels of government in the United States have proposed prohibiting the use of software algorithms that depend on non-public data from competitors to assist sellers in making pricing decisions. Of the many proposals made in 2024,[1] only local ones in San Francisco and Philadelphia passed. This post summarizes the ongoing legislative efforts…

Federal and state antitrust enforcers and the private plaintiffs’ bar have revenue management software (RMS) squarely in their sights. In a string of recent antitrust cases, they have attacked software vendors and their clients, alleging that merely using RMS is evidence of unlawful coordination designed to elevate prices above competitive levels. Revenue management software typically…