Karen Cornish-Adebiyi, et al. v. Caesars Entertainment, Inc., et al.

The FTC and ATR jointly submitted a statement of interest in a private case to reiterate the appropriate legal standards governing allegations that competitors engaged in per se illegal price fixing by using a common algorithm. Reiterating points made in two previous statements on this topic, the agencies further emphasized that per se illegal price fixing (1) does not require direct communications among conspirators, and (2) can involve agreements around non-binding pricing recommendations.