PPI - Radically Pragmatic
  • Donate
Skip to content
  • Home
  • About
    • About Us
    • Locations
    • Careers
  • People
  • Projects
  • Our Work
  • Events
  • Donate

Our Work

Moss in Bloomberg Law: Hotel-Casino Rulings Reveal Flaws in AI Price-Fixing Allegations

  • October 4, 2024
  • Diana Moss

The hotel-casino rulings by Williams and Chief Judge Miranda Du of the US District Court for the District of Nevada add “contours” to evolving case law on algorithmic price-fixing, like whether algorithms can be used to reach an agreement among competitors, said Diana L. Moss, vice president and director of competition policy for the Progressive Policy Institute.

“The courts in the United States are pretty good at taking traditional principles and applying them to new settings, and the new setting of course is the digital setting,” Moss said. “At the end of this, we are going to have a body of case law, where a lot of these questions are going to be answered around whether algorithms can in fact serve as a method of communication to fix prices.”

But the judges in both the Las Vegas and Atlantic City cases applied the same rationale in their dismissals, saying the hotel-casinos weren’t required to accept pricing recommendations from the Rainmaker software and were free to make their own independent decisions.

“The courts are struggling with this issue—if members of the agreement were able to deviate, what does that mean for the allegations of a conspiracy?” Moss said.

Read more in Bloomberg Law.

Related Work

Op-Ed  |  October 28, 2025

Moss for ProMarket: Resisting the Politicization of Antitrust and Regulation

  • Diana Moss
Publication  |  October 28, 2025

PPI’s Moss Tells Senate Judiciary Committee That High Concentration in Agricultural Input Markets Harms Farmers and Consumers

  • Diana Moss
Publication  |  October 26, 2025

Moss for CPI Antitrust Chronicle: Does Merger Enforcement Protect Consumers from the Long Term Costs of Consolidation?

  • Diana Moss
Podcast  |  October 22, 2025

Antitrust’s Critical Role in Reducing Health Care Costs For Consumers

  • Diana Moss
Publication  |  October 20, 2025

PPI’s Moss Urges DC Council Not to Regulate Resale Ticketing and Focus Instead on Fighting the Live Nation-Ticketmaster Monopoly

  • Diana Moss
Press Release  |  September 4, 2025

Court Highlights DOJ Overreach and Refocuses on Consumer Welfare in Deciding Remedies in Google Search Monopolization Case

  • Diana Moss
  • Never miss an update:

  • Subscribe to our newsletter
PPI Logo
  • Twitter
  • LinkedIn
  • Facebook
  • Donate
  • Careers
  • © 2025 Progressive Policy Institute. All Rights Reserved.
  • |
  • Privacy Policy
  • |
  • Privacy Settings