As antitrust enforcers increasingly scrutinize information-sharing practices and data-driven pricing tools, WilmerHale Partner Ryan Danks, Counsel John O'Toole and Senior Associate Nancy Stephen are examining the practical implications of two closely watched Department of Justice enforcement actions.
In "Revisiting Information Sharing in the Wake of Agri Stats and RealPage," published in the July 2026 edition of Competition Policy International's Antitrust Chronicle, the authors analyze how regulators are evaluating information exchanges, benchmarking services and algorithmic pricing tools in an increasingly complex enforcement environment.
The article explores lessons from the DOJ's cases against Agri Stats and RealPage, highlighting concerns around the exchange of granular, nonpublic and strategically valuable information. The authors discuss how enforcers are moving away from longstanding bright-line guidance and toward a more fact-specific, case-by-case approach to assessing potential antitrust risks.
Danks, O'Toole and Stephen also examine the settlements reached in both matters, including requirements related to data transparency, aggregation and aging, as well as restrictions on the use of competitor information in pricing tools. The article concludes with practical guidance for companies and counsel evaluating benchmarking practices, information exchanges and antitrust compliance programs.
As the authors write, the cases provide "important insight into how enforcers assess both traditional benchmarking practices and emerging algorithmic pricing tools."
Read the full article here.
Reprinted with permission from Competition Policy International's Antitrust Chronicle, July 2026.
