Biden DOJ Sues Major Landlords Over Algorithmic Price Fixing

The U.S.Justice Department on Tuesday announced that it has added six landlords as defendants in an antitrust lawsuit that the agency initially filed against the real estate software company RealPage, which the DOJ accused of engaging in a price fixing scheme that allows reduced competition between landlords so they can increase rents.

At the center of the case is RealPage's "algorithmic pricing software," which generates rent price recommendations using software based on their and their rivals' "competitively sensitive information," which they submit to RealPage, according to an August statement from the Department of Justice regarding the initial complaint.

The new complaint alleges that the six companies—Greystar Real Estate Partners LLC; Blackstone's LivCor LLC; Camden Property Trust; Cushman & Wakefield Inc and Pinnacle Property Management Services LLC; Willow Bridge Property Company LLC; and Cortland Management LLC—"participated in an unlawful scheme to decrease competition among landlords in apartment pricing, harming millions of American renters," according to a Tuesday statement from the Department of Justice.

The landlords collectively operate more than 1.3 million units in 43 states and the District of Columbia, according to the agency.

The Department of Justice alleges that in addition to using RealPages's "anticompetitive pricing algorithms," the companies coordinated in a number of ways, including "communicating with competitors' senior managers about rents, occupancy, and other competitively sensitive topics" and participating in "user groups" hosted by RealPage, during which landlords would discuss, for example, how to modify the software's pricing methodology and the companies' own pricing strategies.

"While Americans across the country struggled to afford housing, the landlords named in today's lawsuit shared sensitive information about rental prices and used algorithms to coordinate to keep the price of rent high," said Doha Mekki, acting assistant attorney general for the Justice Department's Antitrust Division, in the Tuesday statement.

Two states, Illinois and Massachusetts, have also joined the suit as plaintiffs.

The American Economic Liberties Project, a group that urges government to confront corporate concentration, touted the updates to the lawsuit, writing Tuesday, "If you mess with the price of rent, be prepared to meet the DOJ on the other side of that scheme!"

Tony Carrk, executive director of the watchdog Accountable.US, said in a Tuesday statement that "corporate landlords like Camden Property Trust, one of the landlord companies included in today's complaint, have reaped hundreds of millions in profits while using RealPage's algorithm, and that's just the tip of the iceberg."

According to the Tuesday release from the Department of Justice, pending a consent decree which must be approved by the court, the DOJ may resolve its claims against one of the landlords, Cortland, which would then cooperate with the Justice Department's investigation and litigation.