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JUSTICE DEPARTMENT ACCUSES REALPAGE OF A SCHEME TO HELP LANDLORDS HIKE RENTS IN
ANTITRUST LAWSUIT
JUSTICE DEPARTMENT ACCUSES REALPAGE OF A SCHEME TO HELP LANDLORDS HIKE RENTS IN
ANTITRUST LAWSUIT
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1 of 12 |
The Justice Department filed an antitrust lawsuit Friday against real estate
software company RealPage Inc., accusing it of an illegal scheme using
algorithms to allow landlords to coordinate to hike rental prices.
Read More
2 of 12 |
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Deputy Attorney General Lisa Monaco and at right is Acting Associate
Attorney General Benjamin Mizer. (AP Photo/Mark Schiefelbein)
Read More
3 of 12 |
Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust
Division speaks with reporters about an antitrust lawsuit against real estate
software company RealPage during a news conference at the Department of Justice,
Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark Schiefelbein)
Read More
4 of 12 |
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
(AP Photo/Mark Schiefelbein)
Read More
5 of 12 |
Deputy Attorney General Lisa Monaco speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. At left is
Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
Read More
6 of 12 |
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Deputy Attorney General Lisa Monaco and at right is Acting Associate
Attorney General Benjamin Mizer. (AP Photo/Mark Schiefelbein)
Read More
7 of 12 |
Attorney General Merrick Garland arrives for a news conference about an
antitrust lawsuit against real estate software company RealPage at the
Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark
Schiefelbein)
Read More
8 of 12 |
Acting Associate Attorney General Benjamin Mizer speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
Read More
9 of 12 |
Deputy Attorney General Lisa Monaco speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. At left is
Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
Read More
10 of 12 |
The logo for the Justice Department is seen before a news conference at the
Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark
Schiefelbein)
Read More
11 of 12 |
Attorney General Merrick Garland speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein)
Read More
12 of 12 |
Attorney General Merrick Garland speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein)
Read More
Justice Department accuses RealPage of a scheme to help landlords hike rents in
antitrust lawsuit
Read More
1 of 12
The Justice Department filed an antitrust lawsuit Friday against real estate
software company RealPage Inc., accusing it of an illegal scheme using
algorithms to allow landlords to coordinate to hike rental prices.
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2 of 12 |
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Deputy Attorney General Lisa Monaco and at right is Acting Associate
Attorney General Benjamin Mizer. (AP Photo/Mark Schiefelbein)
Read More
2 of 12
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Deputy Attorney General Lisa Monaco and at right is Acting Associate
Attorney General Benjamin Mizer. (AP Photo/Mark Schiefelbein)
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3 of 12 |
Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust
Division speaks with reporters about an antitrust lawsuit against real estate
software company RealPage during a news conference at the Department of Justice,
Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark Schiefelbein)
Read More
3 of 12
Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust
Division speaks with reporters about an antitrust lawsuit against real estate
software company RealPage during a news conference at the Department of Justice,
Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark Schiefelbein)
Share
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4 of 12 |
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
(AP Photo/Mark Schiefelbein)
Read More
4 of 12
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
(AP Photo/Mark Schiefelbein)
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5 of 12 |
Deputy Attorney General Lisa Monaco speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. At left is
Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
Read More
5 of 12
Deputy Attorney General Lisa Monaco speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. At left is
Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
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Read More
6 of 12 |
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Deputy Attorney General Lisa Monaco and at right is Acting Associate
Attorney General Benjamin Mizer. (AP Photo/Mark Schiefelbein)
Read More
6 of 12
Attorney General Merrick Garland, center, speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Deputy Attorney General Lisa Monaco and at right is Acting Associate
Attorney General Benjamin Mizer. (AP Photo/Mark Schiefelbein)
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7 of 12 |
Attorney General Merrick Garland arrives for a news conference about an
antitrust lawsuit against real estate software company RealPage at the
Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark
Schiefelbein)
Read More
7 of 12
Attorney General Merrick Garland arrives for a news conference about an
antitrust lawsuit against real estate software company RealPage at the
Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark
Schiefelbein)
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8 of 12 |
Acting Associate Attorney General Benjamin Mizer speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
Read More
8 of 12
Acting Associate Attorney General Benjamin Mizer speaks with reporters about an
antitrust lawsuit against real estate software company RealPage during a news
conference at the Department of Justice, Friday, Aug. 23, 2024, in Washington.
At left is Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
Share
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9 of 12 |
Deputy Attorney General Lisa Monaco speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. At left is
Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
Read More
9 of 12
Deputy Attorney General Lisa Monaco speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. At left is
Attorney General Merrick Garland. (AP Photo/Mark Schiefelbein)
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10 of 12 |
The logo for the Justice Department is seen before a news conference at the
Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark
Schiefelbein)
Read More
10 of 12
The logo for the Justice Department is seen before a news conference at the
Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP Photo/Mark
Schiefelbein)
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11 of 12 |
Attorney General Merrick Garland speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein)
Read More
11 of 12
Attorney General Merrick Garland speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein)
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12 of 12 |
Attorney General Merrick Garland speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein)
Read More
12 of 12
Attorney General Merrick Garland speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein)
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By ALANNA DURKIN RICHER and R.J. RICO
Updated [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] Updated
11:22 PM MESZ, August 23, 2024
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WASHINGTON (AP) — The Justice Department filed an antitrust lawsuit Friday
against real estate software company RealPage Inc., accusing it of an illegal
scheme that allows landlords to coordinate to hike rental prices.
The lawsuit, filed alongside attorneys general in states including North
Carolina and California, alleges the company is violating antitrust laws through
its algorithm that landlords use to get recommended rental prices for millions
of apartments across the country.
Rents across the U.S. saw a huge spike in 2021 and 2022, and though their growth
has since tapered off, they remain stubbornly high for many tenants, thanks in
part to a huge lack of housing supply.
Justice Department officials allege that RealPage is another reason for the high
rents since the algorithm allows landlords to align their prices and avoid
competition that would otherwise keep rents down.
“Americans should not have to pay more in rent simply because a company has
found a new way to scheme with landlords to break the law,” Attorney General
Merrick Garland told reporters.
Attorney General Merrick Garland speaks with reporters about an antitrust
lawsuit against real estate software company RealPage during a news conference
at the Department of Justice, Friday, Aug. 23, 2024, in Washington. (AP
Photo/Mark Schiefelbein)
Read More
In a statement, RealPage said the Justice Department’s claims were “devoid of
merit and will do nothing to make housing more affordable.”
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“We are disappointed that, after multiple years of education and cooperation on
the antitrust matters concerning RealPage, the DOJ has chosen this moment to
pursue a lawsuit that seeks to scapegoat pro-competitive technology that has
been used responsibly for years,” the company said.
In an interview with the Associated Press, Dom Beveridge, a longtime expert in
the revenue management field who is not connected to the lawsuit, gave a
detailed, vociferous defense of revenue management software and said prosecutors
have fundamentally misunderstood how such products work.
“If it were true that the software enabled price-fixing, I would 100% be on the
side of the lawsuits — but it’s simply not what the software does,” said
Beveridge, who briefly worked for RealPage when his company’s software was
acquired by the firm in 2017. “These algorithms are only functionally capable of
optimizing one property at a time. They can’t say, ‘I’m going to take property
A, B and C and figure out collectively what they should do together,’ which is
the allegation being made.”
He emphasized that property managers are incentivized to maximize revenue, which
means keeping occupancy high, rather than constraining supply, as critics have
alleged. Rather than being like an Uber “surge price,” revenue management tools
help apartment managers align their inventory as if it were a game of Tetris,
thereby actually increasing the supply available, Beveridge said.
RealPage came under scrutiny after a 2022 ProPublica investigation into the
company’s practice suggested that it could be to blame for some of the rapid
increases in rents. Since then, RealPage has drawn the ire of Democratic
lawmakers, including Sen. Amy Klobuchar of Minnesota, who in February introduced
a bill to bar companies from using algorithms to collude and fix prices.
White House National Economic Advisor Lael Brainard said the White House had no
comment on the lawsuit, but added that President Joe Biden’s administration “has
made clear that no one should pay higher prices because of corporate lawbreaking
and continues to support fair and vigorous enforcement of the antitrust laws to
prevent illegal collusion.”
RealPage is not the only company that offers an algorithmic tool to help
property managers set prices. But the lawsuit says the company is by far the
biggest in the industry, controlling 80% of the market.
The use of data to help property managers set their rents isn’t new or, on its
face, illegal. But officials argue that RealPage is different.
According to lawsuits filed in the past year by the attorneys general for
Arizona and Washington, D.C., RealPage doesn’t just use publicly available data
— it uses confidential data that RealPage’s clients have agreed to privately
share to help RealPage’s software to determine the highest price.
That amounts to cartel-like illegal price collusion, authorities say. Only this
time, instead of cartel members meeting inside a proverbial “smoke-filled room,”
the price-fixing is done by AI, they say.
The Justice Department points to RealPage executives’ own words about how their
product maximizes prices for landlords. One executive said, “There is greater
good in everybody succeeding versus essentially trying to compete against one
another in a way that actually keeps the entire industry down.”
RealPage has noted that landlords are free to reject the price recommendations
generated by its software. But the Justice Department alleges that doing so
often requires a series of steps, including a conversation with a RealPage
pricing adviser who can “stop property managers from acting on emotions.”
Beveridge argued that property managers’ adherence to the RealPage algorithm is
not actually very high — about 40-50% of the rents that ultimately get posted
fall within 1% of the algorithm’s recommendation, prosecutors said.
“That’s essentially a coin flip,” he said. “You should want people to be
accepting about 90% of your recommendations because most price recommendations
are really small.”
The case is the latest example of the Biden administration’s aggressive
antitrust enforcement.
The Justice Department sued Apple in March and in May announced a sweeping
lawsuit against Ticketmaster and its owner, Live Nation Entertainment. Antitrust
enforcers have also opened investigations into the roles Microsoft, Nvidia and
OpenAI have played in the artificial intelligence boom.
Among those celebrating the lawsuits against Realpage is Lee Hepner, legal
counsel for the American Economic Liberties Project, an organization that
advocates for government action against business concentration.
“There’s a temptation for courts to turn a blind eye to this harm because
algorithms tend to conceal the existence of an agreement between competitors,”
Hepner said. “It’s not as straightforward as an email between competitors
agreeing to fix prices. I think it is very important that our courts address the
use of these software algorithms as if it is any other form of price-fixing.”
_____
Rico reported from Atlanta.
ALANNA DURKIN RICHER
Richer is an Associated Press reporter covering the Justice Department and legal
issues from Washington.
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R.J. RICO
Rico is a U.S. Desk editor and reporter based in Atlanta for The Associated
Press. He has covered housing, immigration and activism in the South.
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