Class Action
Atlantic City Casino-Hotel Algorithmic Pricing
Cornish-Adebiyi v. Caesars Entertainment, Inc.
Where it stands
The district court dismissed the Sherman Act § 1 claim on September 30, 2024. On July 29, 2026, the Third Circuit reversed and remanded, reviving the hub-and-spoke algorithmic price-fixing claim and splitting with the Ninth Circuit's Gibson decision. The case returns to the District of New Jersey for further proceedings.
Key ruling
July 29, 2026 (3d Cir. No. 24-3006): dismissal reversed. The panel held that continuous delegation of pricing to a shared algorithm fed with competitors' nonpublic data, plus parallel conduct and plus factors, plausibly pleads a horizontal conspiracy — and that 'prices are fixed when they are agreed upon,' regardless of retained override authority or the ~90% adherence rate.
Note on this record
Status is listed as 'On Appeal' because the Third Circuit ruling is the most recent confirmed event; post-remand district-court activity as of 2026-08-23 was not verified. The DOJ and FTC filed a statement of interest supporting plaintiffs at the district-court stage.The record
- Court
- U.S. Court of Appeals for the Third Circuit (on appeal from the U.S. District Court for the District of New Jersey)
- Case number
- 3d Cir. No. 24-3006; D.N.J. No. 1:23-cv-02536
- Filed
- 2023-05-09
- Defendants
- Caesars Entertainment, Inc. · Cendyn Group, LLC · Other Atlantic City casino-hotel operators
- Plaintiffs
- Putative class of guests who booked rooms at Atlantic City casino-hotels using Cendyn's Rainmaker revenue-management software during the class period
- Technology at issue
- Cendyn / Rainmaker hotel revenue-management pricing software
- Relief sought
- Treble damages and injunctive relief under Sherman Act § 1
Claims pleaded
Sources (3)
- Third Circuit Revives Algorithmic Pricing Antitrust Claims Against Casino-HotelsPaul, Weiss, Rifkind, Wharton & Garrison LLP · 2026-07-29
- Antitrust Advisory | Third Circuit Revives Algorithmic Price-Fixing Suit Against Atlantic City HotelsAlston & Bird LLP · 2026-08-01
- U.S. Competition Agencies File Statement of Interest in Algorithmic Pricing CaseCovington & Burling LLP · 2024-04-01
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