Class Action
Las Vegas Hotel Algorithmic Pricing (Cendyn/Rainmaker)
Gibson v. Cendyn Group, LLC
Where it stands
District court (Judge Miranda M. Du) dismissed the Sherman Act § 1 claim. On August 15, 2025, a Ninth Circuit panel (Bea, de Alba, and Brown, D.J.) affirmed — the first federal appellate ruling on algorithmic-pricing antitrust liability.
Key ruling
August 15, 2025 (9th Cir.): dismissal affirmed. 'Neither the terms nor the operation of the licensing agreements imposed any such anticompetitive restraints,' and '[t]he choice of several competitors to contract with the same service provider, when followed by higher prices, is insufficient to require antitrust scrutiny.'
Note on this record
The Ninth Circuit's holding is now in tension with the Third Circuit's July 29, 2026 decision in Cornish-Adebiyi v. Caesars Entertainment, creating a circuit split on hub-and-spoke algorithmic-pricing pleading standards.The record
- Court
- U.S. Court of Appeals for the Ninth Circuit (on appeal from the U.S. District Court for the District of Nevada)
- Case number
- 9th Cir. No. 24-3576; D. Nev. No. 2:23-cv-00140-MMD-DJA
- Filed
- 2023-01-25
- Defendants
- Cendyn Group, LLC (The Rainmaker Group) · Caesars Entertainment, Inc. · Treasure Island, LLC · Wynn Resorts Holdings, LLC · MGM Resorts International Operations, Inc.
- Plaintiffs
- Putative class of persons who rented hotel rooms from the defendant Las Vegas Strip hotel operators during the class period
- Technology at issue
- Cendyn / Rainmaker GuestREV and GroupREV hotel revenue-management pricing software
- Relief sought
- Treble damages and injunctive relief under Sherman Act § 1
Claims pleaded
Sources (2)
- Gibson v. Cendyn Group, LLC, No. 24-3576 (9th Cir. 2025)Justia (U.S. Court of Appeals for the Ninth Circuit) · 2025-08-15
- Ninth Circuit Clarifies Antitrust Implications of Algorithmic PricingArnold & Porter · 2025-08-20
This page describes a publicly filed case. This site is not counsel on this matter, nothing here is legal advice, and the allegations described are allegations unless a court has said otherwise.