The Last Word: CRE Lawyer on AI Algorithms and the Antitrust Landscape

“We are in the heyday of the Wild West of this technology-fueled anticompetitive conduct.”

Jerrold Bregman
Partner specializing in commercial real estate
BG Law
.…on AI and algorithms in business practices, via The Business Journals

The use of AI and algorithms in business practices is drawing increased scrutiny from antitrust regulators. According to a recent report in The Business Journals, attorney Jerrold Bregman highlighted the legal territory these technologies present.

Recent cases illustrate this scrutiny. On August 23, the U.S. Department of Justice filed an antitrust suit against Richardson-based RealPage. The suit alleges that the company’s pricing algorithms decrease competition among landlords in apartment pricing and that the company is monopolizing the market for commercial revenue management software that landlords use to price apartments. RealPage has stated that its software was “purposely built to be legally compliant” and that it will “vigorously defend” itself against the claims.

Along with a 2023 DOJ antitrust suit filed against Google, the suit raises issues about companies’ use of AI and algorithms to “separate individuals from the actions,” Bregman told The Business Journals’ Ashley Fahey. 

“We’re going to be seeing a lot more of this,” added Abiel Garcia, a partner at Kesselman, Brantly & Stockinger LLP, in an interview with Fahey . “It’s very much on the radar of not just the administration, but the states themselves.”

Read more about the issue and its impact on the real estate industry in the Business Journals article here.

For more of who said what about all things North Texas, check out Every Last Word.

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