In one paragraph
California's antitrust law now makes it unlawful to use or distribute a common pricing algorithm, meaning any method, including software, used by two or more people that uses competitor data to recommend, set or otherwise influence prices or terms, as part of an agreement to restrain trade, or to coerce others into adopting its recommended prices or terms. It also provides that a Cartwright Act complaint need only allege facts making such an agreement plausible, without having to rule out independent action. Took effect January 1, 2026.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
If you use shared pricing software that draws on competitors' data, review it for antitrust risk under California law from January 1, 2026.
What this means
AB 325 amends the Cartwright Act by targeting the misuse of common pricing algorithms that restrain trade. It impacts businesses using algorithmic pricing strategies to enhance market competition.
Key provisions
- Unlawful to use or distribute a 'common pricing algorithm' as part of a contract, combination or conspiracy to restrain trade (Bus. & Prof. Code 16729)
- Unlawful to use or distribute one while coercing others to adopt its recommended price or commercial terms
- Common pricing algorithm: any method, including software, used by two or more persons that uses competitor data to recommend, align, stabilize, set or otherwise influence prices or commercial terms
- For any Cartwright Act complaint, facts showing an agreement is plausible are sufficient; plaintiffs need not allege facts tending to exclude independent action (Bus. & Prof. Code 16756.1)
Compliance checklist
- Ensure that no common pricing algorithms are used in a manner that restrains trade.
- Review and adjust pricing strategies to comply with the new regulations.
Latest legislative action
Oct 6, 2025. Chaptered by Secretary of State - Chapter 338, Statutes of 2025
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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error