Akerman Partners Ryan Krone and Richard Brosnick explore the hidden antitrust risks of using AI pricing software in a new Texas Lawyer article. The pair discuss the potential risks, as well as the current positions of the courts and the Department of Justice.

"In fact, though a complicated and uncertain area, multiple federal courts have permitted price-fixing claims to proceed based on competitors' common usage of the same algorithmic software tool, and the U.S. Department of Justice has taken the position that coordination of competition through an algorithm is no less illegal than direct collusion," Krone and Brosnick write.