The Justice Department’s Antitrust Division filed a proposed settlement today to resolve the United States’ claims against Greystar Management Services LLC as part of its ongoing enforcement against algorithmic coordination and other anticompetitive practices in rental markets across the country.
Greystar, the largest landlord in the United States, manages almost 950,000 rental units across the country. As alleged in Plaintiffs’ complaint, Greystar and other landlords, including five co-defendants, shared competitively sensitive data to generate pricing recommendations using RealPage’s algorithms, which also included anticompetitive rules that aligned competitors’ pricing. In addition, Greystar and other landlords discussed competitively sensitive topics – including pricing strategies, rents, and selected parameters for RealPage’s software – directly with each other.
“American greatness has always depended on free-market competition, and nowhere is competition more important than in making housing affordable again,” said Attorney General Pamela Bondi. “We will continue to vigorously pursue President Trump’s pro-consumer agenda.”
“The Trump-Vance Administration is committed to promoting competition to help working class Americans pay for life’s necessities – including rent,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. “Whether in a smoke-filled room or through an algorithm, competitors cannot share competitively sensitive information or align prices to the detriment of American consumers.”
If approved by the court, the proposed consent decree would require Greystar to:
- Refrain from using any anticompetitive algorithm that generates pricing recommendations using its competitors’ competitively sensitive data or that incorporates certain anticompetitive features;
- Refrain from sharing competitively sensitive information with competitors;
- Accept a court-appointed monitor if it uses a third-party pricing algorithm that is not certified pursuant to the terms of the consent decree;
- Refrain from attending or participating in RealPage-hosted meetings of competing landlords; and
- Cooperate with the United States’ monopolization claims against RealPage.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any interested person should submit written comments concerning the proposed settlement within 60 days following the publication to Danielle Hauck, Acting Chief, Technology and Digital Platforms Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 7050, Washington, DC 20530. At the conclusion of the public comment period, the U.S. District Court for the Middle District of North Carolina may enter the final judgment upon finding it is in the public interest.
Greystar is a residential property manager headquartered in Charleston, South Carolina.