To me at least, what the algorithm is doing doesn't actually matter.
What actually matters is whether a set of players using a singular algorithm can count as price fixing or not.
Like is that coordination or not? This is a fundamental question for the entire API industry, ML Industry, and any other industry dependent on algorithms.
Algorithm A - professionally_evaluated_price + inflation
Algorithm B - average_price_of_cohort_you_agreed_to_join + 0.01
The first algorithm is super simple and is conceivably how many landlords might do it anyway and is based on value of your goods. Everyone using it wouldn't raise prices or hurt consumers. The second algorithm is basically agreeing with a cohort that you will never undercut each other and slowly raise prices. This obviously hurts renters and raises prices.
So at that point, it's not the algorithm, but the cohort that's at fault of price fixing. So is there proof that you joined a cohort? Does using the same software count as joining a cohort?
>The software company actively "polices" landlords to ensure that they comply with the rent cost it generates, the lawsuit alleges. Failure to impose the RealPage rents could lead to landlords being expelled from the organization, according to the suit.
> RealPage's software has set the rent at more than 30% of apartments in multifamily buildings in D.C. and 60% of units in large multifamily buildings, per the lawsuit. The percentages are even higher for the broader D.C. metro area.