Pricing Algorithms and Collusion: Is There Clarity on What Corporations May Be on the Hook For?

A significant focus has been placed on whether pricing algorithms facilitate collusion and whether this should be the central focus of competition authorities. Opinions range from “making all tacit collusion illegal since pricing algorithms facilitate collusion” all the way to “there is nothing new here, nor anything that needs to be addressed.” Our view is that a necessary, but currently missing, first step is to clearly define what collusion or actual coordination looks like in the con