The Justice Department has filed a proposed consent decree with LivCor, a Blackstone portfolio company, to resolve claims that it joined other landlords in using shared data and pricing algorithms to set rents; the move is part of a broader antitrust enforcement in the Middle District of North Carolina that already produced proposed settlements with RealPage, Cortland, and Greystar.
The Antitrust Division of the Department of Justice submitted the proposed consent decree to address the United States’ claims against LivCor, LLC as part of its national enforcement action targeting algorithmic coordination and other alleged anticompetitive practices in rental markets. The action is linked to a larger case in the Middle District of North Carolina that has pursued similar claims against major industry players.
On January 7, 2025, the United States and state co-plaintiffs filed a complaint asserting that LivCor, together with five other landlords, actively participated in a scheme to set rents by sharing competitively sensitive information and relying on common pricing algorithms. The complaint says these firms used shared data and third-party software to produce pricing recommendations that moved rents in coordinated ways rather than through independent market decisions.
According to the complaint, LivCor and the codefendants exchanged competitively sensitive data to produce pricing recommendations via RealPage’s algorithms, which the plaintiffs allege included rules that pushed prices into alignment. Plaintiffs further allege that the landlords communicated directly about pricing strategies, rents, and the selection of parameters for RealPage’s software instead of relying solely on independent business judgment.
“The Trump-Vance Administration is committed to an economy that works for all Americans,” said Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division. The statement frames the filing as part of a broader effort to police market conduct where competitors may be coordinating to the detriment of renters and market competition.
If the court approves the proposed consent decree, LivCor would be subject to several specific restrictions and obligations meant to prevent further coordination. The decree aims to limit algorithmic features that rely on competitors’ data and to stop direct exchanges of competitively sensitive information among landlords.
- Refrain from using any anticompetitive algorithm that generates pricing recommendations using its competitors’ competitively sensitive data or that incorporates certain anticompetitive features;
- Refrain from sharing competitively sensitive information with competitors;
- Accept a court-appointed monitor if it uses a third-party pricing algorithm that is not certified pursuant to the terms of the consent decree;
- Refrain from attending or participating in RealPage-hosted meetings of competing landlords; and
- Cooperate with the United States’ claims against other defendants.
The proposed settlement, together with a competitive impact statement, will be published in the Federal Register as required by the Tunney Act, and the public will have an opportunity to comment. Any interested person should submit written comments concerning the proposed settlement within 60 days following the publication to Danielle Hauck, Acting Chief, Technology and Digital Platforms Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 7050, Washington, DC 20530.
After the comment period closes, the U.S. District Court for the Middle District of North Carolina may enter final judgment if it finds the consent decree serves the public interest. The proposed terms include monitoring and cooperation provisions intended to make sure any third-party pricing tools are not used to sidestep the decree’s safeguards.
This enforcement phase follows earlier proposed consent decrees in the same action against RealPage, Inc., Cortland Management, LLC, and Greystar Management Services, LLC, signaling sustained scrutiny of how technology and data are used in rental pricing. From a Republican vantage point, the priority should be protecting consumers and preserving competitive markets while avoiding heavy-handed rules that stifle innovation or legitimate business tools.
