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Michelle Lowery, an antitrust and competition law partner at the Chicago-based firm McDermott Will & Emery, isn’t surprised by some apartment firms deciding to change their data policies in the wake of the RealPage suits. She thinks the RealPage cases could also lead to a “chilling effect” in apartment industry information sharing.
“People don’t know exactly what position the DOJ will take as to what’s competitively sensitive and what’s not,” Lowery said.
For instance, historically, sharing pricing information is off limits between competitors. But what if companies are providing other types of data, like maintenance information? Okoruwa doesn’t think it matters after reading the DOJ lawsuit."
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