Stinson Antitrust Attorneys Emphasize Importance of Vetting AI Tools in Bloomberg Law

09.10.2024

Stinson LLP Partners Jeetander Dulani and Nicci Warr authored a column for Bloomberg Law, "RealPage Antitrust Suit Shows Importance of Vetting AI Tools."

The attorneys provide insight on a recent civil antitrust case brought by the Department of Justice (DOJ) against property management technology company RealPage Inc. and various landlords using its revenue management software.

Highlighting the aggressive enforcement approach from federal antitrust regulators on new artificial intelligence (AI) technologies, the attorneys say this case hinges on whether using software that collects competitors' sensitive nonpublic data to make pricing recommendations is an antitrust violation. They say that due to the DOJ's aggressive approach, companies using AI solutions, like pricing algorithms, should review how those algorithms operate, document all procompetitive benefits and assess whether they are in fact indemnified or insured against an investigation.

"The enforcement action against RealPage signals that regulators will take on information sharing as an antitrust violation," the attorneys write. "AI tools still offer considerable benefits. But companies should document their procompetitive decision-making at every step—from licensing the software to choosing whether to take its recommendations—and be ready to defend their actions if necessary."

Dulani's practice includes competition disputes, class actions, mergers and acquisitions, government investigations and other complex litigation. He represents clients before the DOJ and FTC in merger and conduct investigations, as well as False Claims Act-related litigation, and advises on antitrust risk and compliance and on vertical business arrangements.

Warr's experience working on complex litigation and counseling matters spanning antitrust, consumer protection laws and intellectual property issues gives her a unique perspective that helps her find effective and efficient solutions for her clients. Much of Warr’s work focuses on new and emerging technologies and matters involving the intersection of intellectual property and antitrust law.

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