| David O. Fisher
Section 1 of the Sherman Act, Price Fixing
AAI Senior Counsel David O. Fisher authored an article titled “Tacit Agreements to Collude: Enforcing Section 1 of the Sherman Act in the Age of Algorithms,” that was featured in the Fall 2025 issue of the ABA’s Antitrust Magazine.
In the article, Fisher argues that, in the Age of Algorithms, tacit and express collusion will proliferate unless we adopt our application of antitrust law accordingly. Specifically, Fisher argues for a holistic and flexible application of plus factors that reflects the ways in which pricing algorithms allow for stable tacit agreements. He also argues that algorithmic pricing should prompt us to rehabilitate tacit agreement as a theory of Section 1 liability and to consider expressly prohibiting algorithmic tacit collusion.
Read the article: Tacit Agreements to Collude: Enforcing Section 1 of the Sherman Act in the Age of Algorithms
