Recent developments in litigation and public policies portend continued scrutiny of algorithmic pricing tools and revenue/data management software.
The Latest Intelligence: Antitrust Developments Impacting Providers and Users of Algorithmic Tools
Latest from The Milbank General Counsel Blog
CFTC Announces New Cooperation Policy — Key Takeaways and Analysis
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”).
SEC Proposes Amendments to Permit Optional Semiannual Reporting by Public Companies
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
The Latest Intelligence: Antitrust Developments Impacting Providers and Users of Algorithmic Tools
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
SEC Enforcement Division Revises Its Playbook: What the Updated Manual Signals About Enforcement Practices and Defense Strategy
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
Algorithmic Collusion: State of Play and What to Watch in 2026
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
The Latest Intelligence: Antitrust Developments Impacting Providers and Users of Algorithmic Tools | September 30 – October 20, 2025
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 October 6, 2025, purchasers of residential mortgages filed a putative
Iranian Sanctions “Snapback”: Implications for Businesses of the Reimposition of EU and UK Sanctions
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
United States Court of Appeals for the Sixth Circuit Grants Writ of Mandamus to Preserve Privilege for Internal Investigations
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:
The Latest Intelligence: Antitrust Developments Impacting Providers and Users of Algorithmic Tools | September 15 – 29, 2025
September 15–29, 2025
Guidelines for Assessing and Mitigating Antitrust Risk
Following are some of the key issues we have seen emerge as we monitor these areas of the law and some questions you might consider asking about the software provided