Screen a shared pricing tool for an agreement among competitors
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List who uses the tool, what price or output information it takes in, and whether the file shows the users agreed to follow it. Write no conclusion.
- What the lawyer must review
- Sherman Act § 1 requires a contract, combination or conspiracy. Use of the same software is not, by itself, that agreement. No case about algorithmic pricing was opened, so do not treat a software vendor's product as an agreement and do not name a case. The January 2025 worker guidelines concern labour markets. They say an agreement need not be written, that the agencies focus on the substance of a wage-fixing or no-poach agreement regardless of its form, and that exchanging compensation information through a third party that uses an algorithm may be unlawful. They are not a judgment on a retail pricing tool. You decide whether the facts show concerted action.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.