Recent developments in litigation, enforcement, and public policy reflect growing scrutiny of how algorithmic tools can facilitate coordination and personalize prices. Courts are increasingly allowing claims to proceed where competitors pool non-public pricing or other competitively sensitive data and follow
Recent developments in litigation and public policies portend continued scrutiny of algorithmic pricing tools and revenue/data management software.
On May 19, 2026, the Commodity Futures Trading Commission’s (“CFTC”) Division of Enforcement (“DOE”) issued a Staff Advisory setting forth a new policy for evaluating cooperation and self-reporting when considering whether to recommend enforcement actions to the CFTC (the “Policy”).
On May 5, 2026, the U.S. Securities and Exchange Commission (“SEC”) proposed rule and form amendments that would give public companies the option of filing semiannual reports in lieu of quarterly reports to meet their periodic reporting obligations under the
In recent weeks, US antitrust enforcers provided more guidance in this space, while also signaling enforcement priorities. Recent developments include active litigation (Agri-Stats), amicus-style interventions (Frozen Potato Products), and calls for comments on potential new guidance on collaborations and information
On February 24, 2026, the SEC Division of Enforcement (“Division”) released the first updates to its Enforcement Manual (“Manual”) since 2017. The updates—which the SEC characterized as underscoring its “ongoing commitment to fairness, transparency, and efficiency in the investigations conducted
As 2026 begins, enforcement actions and private litigation involving algorithmic pricing and information-sharing arrangements remain active. Agencies and courts continue to test how traditional antitrust principles apply to pricing tools and data-driven coordination theories. New state legislation has gone into
Recent Developments
Recently Filed Complaints
Residential Mortgage Borrowers Allege Residential Mortgage Originators Exchange Sensitive Information and Fix Loan Prices – Mendez v. Optimal Blue, LLC, No. 25-cv-1140 (M.D. Tenn.)
On 29 September 2025, the United Kingdom (“UK”) and the European Union (“EU”) reimposed Iran-related sanctions that were lifted in 2016 following the Iran nuclear deal. The UK and EU have made clear that these steps follow Iran’s failure to
On October 3, 2025, the United States Court of Appeals for the Sixth Circuit upheld the application of the attorney-client privilege and work product doctrine to internal investigations. The Sixth Circuit’s decision to grant a writ of mandamus In re:
