The Oct. 15 Rossi v. McDonald's and the Oct. 2 Thomas v. McDonald's class action filings in the U.S. District Court for the Northern District of Illinois mark the latest in a series of cases targeting companies' use of algorithmic price tools to evaluate and allegedly set prices using consumer and competitor data.

Private plaintiffs, regulators and legislators alike have increasingly criticized such practices as creating opportunities for companies to engage in anticompetitive behavior to the detriment of consumers and other market participants who are operating without the benefit of pricing tools.

This article examines the various theories under which antitrust challenges can arise when companies use artificial intelligence pricing tools and personalize prices through individual consumers.

To continue reading Amy Vegari and Colleen Anderson's article in Law360, please click here.