This bill proposes to amend Arizona Revised Statutes by adding a new article that specifically addresses algorithmic price fixing in the context of residential rental rates. Under the new law, it would be prohibited for individuals in the state to use algorithmic price fixing to establish rental rates. The bill establishes a rebuttable presumption of antitrust violations if the Attorney General can demonstrate that a person used algorithmic pricing with nonpublic competitor data, set or recommended rental rates, and that at least two competitors employed the same pricing algorithm in related markets.
Additionally, the bill outlines that the presumption can be rebutted if the defendant can provide clear and convincing evidence that they did not develop or distribute the algorithm and were unaware of its use of nonpublic data. The Attorney General is designated as the enforcer of this section. Definitions for "algorithmic pricing," "nonpublic competitor data," and "nonpublic data" are also included, clarifying the scope of the terms as they relate to the enforcement of this new regulation.