Cornish-Adebiyi v. Caesars Entertainment, Inc. (Atlantic City Hotel-Casino Algorithmic Price-Fixing Antitrust Suit)
The Third Circuit denied a petition for rehearing en banc on October 2, 2026, leaving in place its July 29, 2026 ruling that revived a putative antitrust class action alleging Caesars Entertainment, MGM Resorts, Hard Rock, Tropicana, Borgata operator Marina District Development, and software vendor Cendyn Group used Cendyn's Rainmaker revenue-management platform to coordinate Atlantic City hotel room rates. The case, filed by a class of hotel guests, had been dismissed with prejudice by the district court in September 2024 before the Third Circuit reversed and remanded it for further proceedings.
Why it matters
Extends the RealPage-style hub-and-spoke algorithmic pricing theory from multifamily rent-setting into hospitality room-rate pricing, giving plaintiffs a precedential circuit-court win they can cite against any commercial property sector that relies on shared, vendor-provided pricing software. The Third Circuit's approach also deepens a circuit split with the Ninth Circuit on a comparable Las Vegas pricing-algorithm case, meaning litigation risk for operators using shared revenue-management tools may now turn heavily on which circuit a case is filed in.
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