Department of Justice Files Response to Public Comments on Proposed Final Judgment Involving Willow Bridge Property Company and RealPage Antitrust Litigation

The United States Department of Justice Antitrust Division has officially moved forward in its antitrust enforcement action concerning rental housing algorithms. In a filing submitted to the United States District Court for the Middle District of North Carolina, the federal government responded to public comments received regarding a proposed Final Judgment concerning defendant Willow Bridge Property Company, LLC. This development marks another step in the broader federal and state scrutiny of algorithmic revenue management systems within the residential leasing sector.

Background and Procedural History

The legal proceedings originated on August 23, 2024, when the United States and several state attorneys general filed an initial civil antitrust complaint against RealPage, Inc. On January 7, 2025, the plaintiffs filed an amended complaint adding Willow Bridge Property Company and five other landlords as defendants. The amended complaint alleges that Willow Bridge entered into unlawful agreements with RealPage and competing landlords to share sensitive business information and align rental pricing, thereby violating Section 1 of the Sherman Act.

Following months of litigation, the United States filed a proposed Final Judgment and a Stipulation and Proposed Order regarding Willow Bridge on July 6, 2026. Under the terms of the stipulation, Willow Bridge consented to the proposed restrictions without resolving claims against other co-defendants. Pursuant to the Antitrust Procedures and Penalties Act, commonly known as the Tunney Act, the government published the proposal in the Federal Register and invited public commentary over a sixty-day window. Exactly two public comments were submitted during this period, prompting the recent government response.

Antitrust Allegations and Proposed Remedies

The underlying complaint details how Willow Bridge allegedly provided daily, granular, and forward-looking nonpublic transactional data to RealPage. This information included lease renewal terms, exact pricing, and occupancy rates. RealPage subsequently incorporated this data into its revenue management software, including products such as AI Revenue Management, YieldStar, and Lease Rent Options, to generate rental pricing recommendations for competing landlords operating in overlapping markets.

According to the Department of Justice, this data-sharing apparatus allowed participating landlords to artificially align rental rates and diminish market competition. The government argues that these entities possessed sufficient market power to harm both renters and the competitive process, and that landlords could easily achieve legitimate procompetitive objectives of revenue management without sharing disaggregated competitor data.

The proposed Final Judgment seeks to enjoin Willow Bridge from engaging in these specific practices. Key provisions mandate that Willow Bridge must cease licensing or utilizing any revenue management system that relies on third-party nonpublic data to set prices or pools information across properties with different owners. Furthermore, Willow Bridge must implement a comprehensive internal antitrust compliance policy, designate a chief antitrust compliance officer, and submit to compliance monitoring and federal inspection protocols.

Judicial Review Standard

Under the Tunney Act, federal courts review proposed consent judgments in government-led antitrust cases to determine whether entry of the judgment serves the public interest. Judicial review under this statute is traditionally deferential to the executive branch. Citing legal precedents such as United States v. Microsoft Corp. and the more recent United States v. Hewlett Packard Enterprise Co., courts evaluate the relationship between the secured remedy and the original complaint allegations, the clarity of the terms, and the sufficiency of enforcement mechanisms without conducting a de novo factual determination.

Forward-Looking Trajectory

With the sixty-day public comment period concluded and the government filing its formal response, the Department of Justice is poised to move the district court for the entry of the proposed Final Judgment. If approved, the order will conclude the litigation specifically with respect to Willow Bridge, while the broader antitrust proceedings against RealPage and remaining landlord defendants continue. The case highlights ongoing regulatory and judicial scrutiny regarding the intersection of artificial intelligence, proprietary algorithms, and traditional antitrust enforcement in consumer markets.