Writing · Pricing / Revenue Management
That concern is fostering a sea change in the way apartment landlords and managers derive market-rate rents. The DOJ accused RealPage of designing its revenue management software to help users “sidestep” market rent competition by relying on the “most sensitive, non-public” apartment performance metrics to suggest rental rates.
Many multifamily companies are “moving away from RealPage products, moving away from revenue management software that uses private information and moving away altogether from revenue management [software],” said Kenneth Racowski, an antitrust lawyer and partner at Holland & Knight.
The issue comes down to whether the information used to establish apartment rents is coming from exclusively public sources, said Racowski, who has helped two multifamily companies get dismissals from charges of price fixing using algorithmic price setting software.
“The most conservative risk-mitigation advice is not to use revenue management software that uses confidential nonpublic information,” he said."
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