In one paragraph
Ohio's SB 79 would bar using or distributing a pricing algorithm that uses or was trained with nonpublic competitor data, presume an unlawful agreement in certain cases, and require businesses with $5 million or more in gross receipts to disclose algorithmic pricing, with disclosure violations treated as unfair or deceptive acts. Introduced February 4, 2025; referred to the Senate Financial Institutions, Insurance and Technology Committee February 12, 2025; it has not passed.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
If enacted, companies and vendors using pricing algorithms could not use nonpublic competitor data, and firms with $5 million or more in gross receipts would have to disclose algorithmic pricing to customers, employees and contractors.
Key provisions
- New R.C. 1331.05(B): no person could use or distribute a pricing algorithm that uses, incorporates, or is trained with nonpublic competitor data; a violation would be an illegal conspiracy against trade under 1331.04
- Court would presume an unlawful agreement where the defendant distributed such an algorithm to two or more persons intending, or with them using it, to set prices in the same or a related market, or used one that another person also used in that market; a defendant that did not develop or distribute it could rebut by clear and convincing evidence it did not and could not reasonably have known of the nonpublic data (1331.05(C)-(D))
- Where the presumption applies, persons who distributed the algorithm and knew or could reasonably have known it would use nonpublic competitor data would be jointly and severally liable in civil cases (1331.05(E))
- New R.C. 1331.50: enterprises with $5,000,000 or more in gross receipts using a pricing algorithm must disclose that to customers before purchase and to employees and contractors, including any price differences and the algorithm's developer; a violation is an unfair or deceptive act under 1345.02
- Amended 1331.16 would let the attorney general's investigative demands cover information on how a pricing algorithm is developed, distributed and works
Latest legislative action
Feb 12, 2025. Referred to committee
Sponsors (showing 5 of 10)
| Name | Role |
|---|---|
| Frank Hoagland | Primary |
| Kris Jordan | Primary |
| Louis W. Blessing, III | Primary |
| Michele Reynolds R | Primary |
| Tina Maharath | Primary |
Topics and industries
Related topics
Affected industries
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