Justice Department Proposes Consent Decree with LivCor Over Data Sharing Violations
The Justice Department has submitted a proposed consent decree to address data sharing violations by LivCor, LLC. This action is part of a broader enforcement initiative targeting anticompetitive practices in rental markets nationwide. LivCor is a subsidiary of Blackstone and is now facing scrutiny along with other major landlords.
Overview of Antitrust Claims Against LivCor
The proposed consent decree follows allegations filed on January 7, 2025. The United States, joined by state co-plaintiffs, accused LivCor and five other landlords of engaging in a coordinated scheme. This scheme involved sharing sensitive information to influence rental prices using competitive algorithms.
Shared Data and Algorithmic Coordination
The complaint states that LivCor utilized data from its rivals to inform pricing recommendations through RealPage’s software. Factors discussed included:
- Pricing strategies
- Rents
- Parameters for RealPage’s algorithm
Proposed Measures in the Consent Decree
If the court approves the decree, LivCor must adhere to several conditions:
- Stop using any anticompetitive algorithms that leverage competitors’ sensitive data.
- Avoid sharing sensitive information with competing landlords.
- Accept oversight by a court-appointed monitor when utilizing third-party algorithms.
- Refrain from participating in RealPage meetings with other landlords.
- Assist in ongoing claims against additional defendants.
Importance of the Proposed Decree
Assistant Attorney General Abigail Slater emphasized the government’s commitment to protect renters. This initiative signals that landlords must remain compliant with competition laws prohibiting collusion and price fixing, whether through algorithms or direct communication.
Next Steps for Public Commentary
The proposed settlement will be published in the Federal Register as required by the Tunney Act. Interested parties have 60 days to submit comments. Feedback can be directed 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.
Once the public comment period concludes, the U.S. District Court for the Middle District of North Carolina may approve the final judgment if deemed in the public interest.
