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McDonald's Appoints Counsel Against Pricing Allegations

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McDonald's has appointed international law firm White & Case to defend proposed class-action lawsuits alleging that its artificial intelligence-assisted pricing systems facilitate unlawful coordination among independently operated restaurants. The appointments, reported on 3 November, place the fast-food giant at the centre of an emerging legal debate about whether algorithmic pricing recommendations can restrict competition.

White & Case lawyers entered appearances in federal court proceedings in Chicago on 2 November. The legal team includes Jack Pace III, co-leader of the firm's antitrust and competition practice. The underlying lawsuits, filed in October, allege that McDonald's uses pricing tools informed by non-public restaurant information to influence menu prices across franchise locations that would otherwise compete independently.

The claimants argue that sharing commercially sensitive information through a central pricing system could allow restaurants to maintain higher prices than genuine competition would produce. McDonald's denies wrongdoing and maintains that franchisees independently determine their prices. The company insists that its AI tools do not automatically set menu prices and disputes allegations that its systems facilitate unlawful agreements between restaurant operators.

The litigation addresses a developing question in competition law as businesses increasingly use data-driven software to inform commercial decisions. Traditional price-fixing cases often involve direct agreements between competitors, while algorithmic systems can introduce more complicated questions about information sharing and coordination. The courts have not established that McDonald's violated antitrust law. Nevertheless, the proceedings could influence how companies design pricing technology and demonstrate that commercially useful algorithms do not undermine independent competition.

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