Las Vegas hotels face appeal in customers' price-fixing lawsuit
By Mike Scarcella
June 5 (Reuters) -A closely-watched consumer class action accusing major Las Vegas hotels of sharing price information to artificially boost the price of room rentals is headed back to court, after the plaintiffs on Tuesday appealed a judge's decision to toss the case.
WHY IT’S IMPORTANT
The lawsuit, Gibson v. Cendyn, was dismissed in May for a second time on the grounds that the plaintiffs had not shown Wynn Resorts, Caesars, Treasure Island and other hotel operators made any pact to fix room rates.
The appeal to the 9th U.S. Circuit Court of Appeals will set up a closely watched fight in the case, part of a wave of antitrust lawsuits targeting companies' use of third-party software platforms and advanced algorithms to set prices.
The hotels in the Vegas case denied any wrongdoing.
CONTEXT
None of the other pending algorithmic price-fixing cases testing the scope of U.S. antitrust law have reached an appeals court.
The consumers in the Las Vegas case alleged that the hotels pooled data using Cendyn revenue management software to illegally coordinate their room prices. The hotels countered that they never formed any agreements with each other, and that the software only offered recommendations.
The U.S. Justice Department has called the algorithmic pricing cases a new “frontier” for price-fixing. In dismissing the case, Chief U.S. District Judge Miranda Du called it relied on a "relatively novel antitrust theory."
BY THE NUMBERS
The plaintiffs’ lawyers estimated there are tens of thousands, if not hundreds of thousands, of would-be class members in the Vegas hotels case.
WHAT’S NEXT
The San Francisco-based appeals court will take submissions from both sides and from interest groups that are not directly involved in the case. A three-judge panel will hear arguments, with a decision likely sometime in 2025.
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