Keker, Van Nest & Peters partner Ben Berkowitz spoke with Bloomberg Law about the antitrust questions raised by a proposed class action challenging McDonald’s use of an AI pricing tool across its franchise network.
The article, “McDonald’s AI Price-Fixing Suit Fuels Legal Risk Over Franchises,” examines how algorithmic pricing litigation could extend to franchise relationships. Berkowitz explained that the central question is whether a company used AI to engage in prohibited conduct. Plaintiffs must establish that the technology was used to avoid competition, rather than to compete more intelligently.
Increased technological sophistication doesn’t make “unlawful conduct lawful,” he said.
Berkowitz’s practice spans AI, privacy and complex technology litigation. His work addresses a central challenge facing AI developers and businesses adopting the technology: how existing legal frameworks—including privacy, intellectual property and antitrust laws—apply to new tools and uses of data.
