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Chronicles

The story behind the story

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Source: the US DOJ is investigating whether rent-setting software made by RealPage is facilitating collusion among landlords to drive up rental prices

ProPublica Heather Vogell

Context & Ripple Effects

This DOJ probe, first reported here, is the opening move in a three-year arc: it was followed by reports that the DOJ planned to sue by summer's end, then by the [[a:873503|DOJ's antitrust suit alleging the software helps property managers collude across millions of units]]. RealPage's defense throughout has been that its Yieldstar pricing tool relies on anonymous, aggregated data — though a 2021 promotional video in which executive Andrew Bowen credited the software with driving significant rent increases became central to critics' case.

The stakes go beyond one vendor: the relationships note an FBI investigation and multiple private rent-fixing suits already filed against RealPage, meaning the DOJ action anchors a broader enforcement web around shared rent-setting algorithms.

First-order effects

  • RealPage and the property managers using its Yieldstar software face direct DOJ antitrust scrutiny over whether nonpublic pricing inputs coordinated rent increases, forcing the company to defend its aggregated-data model publicly.

Second-order effects

  • The investigation legitimizes the private rent-fixing litigation already filed against RealPage and pressures large landlords to weigh dropping or renegotiating the software rather than carry collusion risk.

Third-order effects

  • If the DOJ's theory holds through to its eventual settlement of the RealPage case, pricing-software vendors across industries face a new enforcement template: sharing competitor price data through a common algorithm can be treated as collusion even without explicit agreement.

The trend: Antitrust enforcement is extending from explicit cartel agreements to algorithmic collusion, where a shared software vendor becomes the coordination point for pricing across a market.

Discussion

  • @iansherr @iansherr on x
    I can't even fathom how much of an impact this may have had on everyone's rental prices https://twitter.com/...
  • @amyklobuchar Amy Klobuchar on x
    Rents are high enough without anticompetitive algorithm software like RealPage driving vacant apartment prices up in real time. We're asking the DOJ to investigate. Americans deserve affordable housing.
  • @awinston Ali Winston on x
    “The inquiry is being launched as questions have arisen about a 2017 merger between RealPage and its largest pricing competitor. The source told ProPublica some DOJ staff raised concerns about the merger but were overridden by political appointees of ex-President Donald Trump” ht…
  • @propublica @propublica on x
    The DOJ will examine whether RealPage helped landlords coordinate rent increases. Questions also swirl around a 2017 merger deal with its largest competitor. https://www.propublica.org/...