“None of the companies admitted fault or liability. They did, however, agree to stop providing Realpage with their nonpublic data for use as an input in Realpage’s revenue management system’s price recommendations, and to stop using Realpage’s RMS in ways that use competitors’ non-public data to inform pricing recommendations”.

Okay but Realpage has a decade of real pricing data that it can use to continue informing these rental companies and outside of them having extremely hard boundaries in their service this is just going to happen again.

This doesn’t do a whole lot to address the actual issue, and these companies aren’t going to stop colluding over a wrist slap like this.

What about when market prices are public? Is knowing the market prices collusion?

It can be, if everyone also acts to keep prices high by behaving in ways that aren't typical.

https://en.wikipedia.org/wiki/Tacit_collusion

Reminds me of the extremely interesting paper https://arxiv.org/abs/1904.05234 Flash Boys 2.0

Basically when somebody makes a pricing error on a decentralized cryptocurrency exchange there's a mob of automated arbitrage bots that try to trade against it. Who wins and actually gets to make the trade is mainly determined by how high of a transaction fee your bot is willing to pay.

You can win instantly by offering to trade with a transaction fee so high it almost wipes out all but a cent or two of the entire arbitrage profits, because nobody else will pay a higher fee.

Instead what happens is bots offer the lowest possible fee, then immediately increase their fee as soon as they see a competing bot try to take the trade with a higher fee. This results in the bot offering the highest fee changing every several milliseconds as the fee quickly grows.

The way Ethereum mining works, this results in the winning bot being randomly selected from among the set of bots "bidding" up the transaction fee: blocks are mined at random intervals of iirc about 20 seconds, and whoever had the highest bid at the time the next block is mined wins. <20 seconds of bidding is short enough that even with the bidding, the transaction fee doesn't get bid up particularly high, and the winner makes out with a highly profitable arbitrage trade.

By giving up a guaranteed win and instead rolling the dice against other bots, transaction fees stay low and everyone has a higher expected profit. It's coordination that happens without any communication between the participants and quite possibly the participants didn't realize they were in effect cooperating when they added the high speed bidding behavior to their bots.

> You can win instantly by offering to trade with a transaction fee so high it almost wipes out all but a cent or two of the entire arbitrage profits, because nobody else will pay a higher fee

This is like 1980s sawtooth algos in real finance.

A lot of crypto is former HF folks taking old strategies to a dumber field.

I have really enjoyed watching crypto act like they are white knights against the evil traditional financial system and then go on to reinvent it piece by piece.

You're assuming that the contention was with the functionality and not with who controlled it.

The current players in crypto are the same people. And there’s noting systematic about crypto that changes this — people with money can afford to buy more mining capacity or stake more coins.

There’s nothing evil about aiming to earn a penny or a fraction of a penny on a transaction.

Who pays that penny?

Whoever wants to pay an extra penny. Like any other transaction.

That isnt cooperation. That is basic market principals in action. Bid and counter bids that whittle down the profit margin based on willingness to risk a win/loss? These are auction principals as old as time. This is reaction rather than cooperation.

Tacit collusion wouldn't work in this case, because most rental markets aren't oligopolies.

Is there an actual issue? I've seen compelling arguments that places that banned the practice of algorithmic rent setting did not see any appreciable drop in rents. I'm almost convinced the problem is entirely supply side.

The problem is political, landlords run every level of government and use that power to artificially limit housing supply.

There's more housing than people. What's artificially limited is salaries. Higher salaries would mean massive benefits for workers and businesses. And catastrophe for non workers and real estate.

I’m struggling to see how real estate would be catastrophically harmed by higher salaries. Could you help me see the line between those two points?

Naively, if I knew everyone’s salaries were about to double, I’d hope to be holding a fair amount of real estate going into that doubling.

Higher salaries = everything which is produced by working becomes more expensive. That is not a problem for people who work for a living, because they have higher salaries and can afford it. But it is a problem for those who do not work, because they'll might have to sell their surplus real estate to afford cost of living.

But mainly it is that you would need to remove or decrease benefits for those who do not work in order to have room for higher salaries. That is not a problem for the unemployed because higher salaries means that the only people without work are those who do not want to work. But it is a big problem for those who do not want to work and for example would like to live off their real estate.

The gut reaction to higher salaries is that people would have more money to purchase real estate or pay rent, but I think the downwards effects for real estate are much stronger. And the evidence is that in every country which has seen a period of high salaries for workers, real estate has been cheap during that period for workers to buy.

> And the evidence is that in every country which has seen a period of high salaries for workers, real estate has been cheap during that period for workers to buy.

Real question. Do we have evidence of this from anything except developing economies pulling countries out of poverty? Like a first world country sort of thing. Because to me it seems like higher salaries comes first, and the property would lag for a bit while the market reaches its new level. Does that make sense?

> There's more housing than people.

I don’t think this is really true. It’s naively true if you just look at the number of homeless people vs the number of empty units, but misses:

1. That markets need some portion of empty units for fluidity.

2. That many people aren’t homeless, but living in situations where they would take more housing if it was available. (Living with roommates, ex-partners, family, etc.)

3. Many places simply don’t have enough housing for everyone who wants to live there. If they did, people would move from other places.

You know, this is actual economic orthodoxy. The government is supposed to stimulate the productive economy (the part that's not rent-seeking like landlords) by causing inflation by overpaying it's employees (and hire). Which then forces private employers to pay more and causes high inflation. Why? This haircuts existing debts, both public and private and is very bad for rent-seeking, and good for anyone productive (making money).

Of course, that also shows the problem: it haircuts pensions as well, since they are a large part of the rent seeking class.

There is not more housing than people in places where people have the highest income. The median income of Sunnyvale is twice that in the US, but the median house is 5x more expensive there.

If housing supply is constrained, higher salaries simply mean people bid more on rentals and rents go higher.

The only answer is to build more housing and have a high property tax in unoccupied housing.

But housing supply is not constrained. There is more housing than people.

You could build as much more housing as you want, but if those houses only become accessible to purchase for those who already own real estate instead of for those who work, then nothing will change.

Is allowing price-fixing and deniability (ans a service) across 100 mile regions a problem, while you yourself are highlighting a supply-side crisis?

Yes. That’s a problem.

There is no price fixing. They just enabled landlords to find out how high the market price actually was when they didn't know it before due to it being a very opaque market.

The market price is the price for which people are renting places based on market forces.

If the only market forces are landlords keeping half of their units empty so they can keep $1400 units priced at $2400 because that’s what the software (and indeed service) are pushing them to do, that’s price fixing.

There’s extra steps, it’s a new form, but the price is fixed, and the point of allowing housing to be built isn’t being fulfilled.

Math failure here. If you keep half your $1400 units off the market and get $2400 for the others you are losing $400 per unit. Also there is zero evidence any landlords were doing this.

Except you can write off those $1400 units as $2400 of losses that will offset profits from another part of your business.

Not everything is "Economics 101."

>Except you can write off those $1400 units as $2400 of losses that will offset profits

No, the IRS doesn't allow tax deductions for the "missing $2400 rents" of unrented units. IRS only allows deducting ongoing expenses such as "maintenance, insurance, taxes, and interest," :

https://www.irs.gov/pub/irs-pdf/p527.pdf

You don’t need evidence for vibes based thinking. The goal is to satisfy emotional needs, not logical consistency.

If it's causally linked to higher prices, I agree. My question is whether we certainly know it's causally linked. In my mind right now it's similarly plausible that these things are just snake oil sold to landlords. There are a ton of conspiracy theories that would be a real problem, if true.

It's snake oil.

Landlords have an inherent trade off between holding out for a tenant who would pay a higher rent and not having the unit vacant in the meantime. Holding out for longer than that helps the other landlords at your expense. Meanwhile there are a large number of landlords, there is no way for the ones using a given system to force the others to do the same, and a significant percentage of them don't.

So if the system tells the landlords using it to do the thing that would increase rents if every landlord was using it, the "defectors" who don't use the system win out over anyone using it, which means using the system rather than defecting would cause you to lose money and everyone would have the incentive to defect.

Whereas if all the system is doing is suggesting the optimal point in the trade off between holding out for a higher paying tenant and renting the unit sooner, without assuming the other landlords are being required to use the same system, that's the same thing an individual landlord would do if they're not colluding.

The actual way landlords collude is through zoning boards, because then they have an enforcement mechanism, i.e. if someone is trying to defect by adding new units to alleviate the limited supply then the other landlords can sic the government on them, having passed the various laws against constructing those units there.

> So if the system tells the landlords using it to do the thing that would increase rents if every landlord was using it

This is precisely what happened. Quoting from my comment at the time (https://news.ycombinator.com/item?id=39579488) --

Subscribing to a pricing data service: legal.

Using data feed to guide pricing and set initial figures: legal.

Agreeing, either implicitly or explicitly, to let the pricing data feed set the price floor: collusion.

Leaving units unsold and refusing to lower the price despite insufficient demand: usually a bad business decision, possibly indicator of a market failure.

Leaving units unsold to maintain agreed-upon price floor despite insufficient demand: collusion, market manipulation. Congratulations, you are a cartel.

> possibly indicator of a market failure.

Almost always.

The trick is figuring out where the failure is coming from, and whether your society can find a lever to pull to fix it.

Homeowners are usually the ones who don’t want more building, not amorphous landlords who have very little control over zoning and permitting in a place like the Bay Area.

[flagged]

They got a wrist slap because the case was flimsy and probably wouldn't stand up in court. This looks nothing like price fixing and everything like price discovery in an undersupplied market, and the people bringing the case are the same government responsible for the actual problem.