All AG Opinions
AG Op. 2024-MN-04minnesota

Authority of the Attorney General to Investigate Corporate Price Fixing

Attorney General Keith EllisonMay 20, 2024
antitrustprice fixingconsumer protectionalgorithmic pricing

This opinion from the Minnesota Attorney General examines the scope of the Attorney General's investigative authority in corporate price-fixing cases under state antitrust and consumer protection statutes. It analyzes the civil investigative demand power, the subpoena authority, and the state's ability to bring parens patriae actions on behalf of consumers.

The opinion discusses the use of algorithmic pricing tools and their potential to facilitate price coordination in violation of antitrust laws, particularly in the housing rental and grocery markets. It examines whether the use of common pricing algorithms constitutes a conspiracy or agreement for antitrust purposes.

The opinion concludes that the Attorney General has robust authority to investigate and prosecute price-fixing arrangements facilitated by technology, and recommends proactive enforcement strategies including cooperation with other state attorneys general and federal agencies.

Disclaimer: This is a summary of an Attorney General opinion provided for informational purposes. AG opinions represent the legal interpretation of the issuing office and do not constitute binding judicial precedent. Consult a qualified attorney for legal advice.