DOJ warns AI pricing tools won't shield executives from antitrust collusion charges

In a significant policy address on May 15, 2026, Acting Deputy Assistant Attorney General Daniel Glad made clear that the U.S. Department of Justice will treat collusion facilitated by artificial intelligence no differently than old-fashioned price-fixing among humans. Speaking at the Antitrust West Coast Conference, Glad warned that companies and executives relying on algorithmic pricing tools—such as dynamic pricing engines, revenue management systems, or AI agents that adjust prices in real-time—cannot escape liability by claiming the software acted autonomously. 'Software cannot launder collusion,' Glad declared, asserting that the Antitrust Division will investigate and prosecute any arrangement—whether orchestrated by humans or algorithms—that results in unlawful coordination on price or output.

The warning targets a growing trend where competitors use similar AI pricing models, often trained on shared market data, that can inadvertently or intentionally converge on coordinated pricing outcomes. Glad noted that the DOJ is actively examining cases where multiple firms deploy the same third-party pricing algorithm, which could effectively function as a hub-and-spoke conspiracy. The official also cautioned that companies must ensure their compliance programs explicitly address algorithmic pricing risks, and that executives face personal criminal exposure if they knowingly implement systems designed to facilitate collusive outcomes. This marks a hardening stance from the DOJ, signaling that the AI era does not create a free pass for antitrust violations.