Berger Montague Team Urges Revival of Casino Antitrust Case and is Quoted in Law360

Berger Montague Associate Matt Summers argued as amicus in the Third Circuit on behalf of the American Antitrust Institute in Cornish-Adebiyi et al. v. Caesars Entertainment, Inc., et al. The suit alleges that the casino-hotels knowingly shared commercially sensitive information on a pricing algorithm, which used that information to make pricing and vacancy recommendations, and that the hotels’ acceptance of those recommendations raised the prices of Atlantic City hotel rooms above competitive levels. 

Summers argued that the district court’s ruling creates a dangerously simple roadmap for algorithmic price fixing: competitors use the same pricing software, join the conspiracy at different times, avoid directly exchanging confidential information, and escape liability altogether.

“All they have to do is play by this court-approved script and consumers are left with no recourse,” Summers said, urging the three-judge panel to revive a proposed class action against the casino hotels and the company that created the software that was tossed by the district court.

Berger Montague Shareholder Joshua Davis and Associate Matt Summers filed the amicus brief on behalf of the American Antitrust Institute.

Read more in 3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit, Law360 (September 17, 2025) here.

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