DOJ's complaint alleges RealPage violated Section 1 of the Sherman Act. Can RealPage defend itself by arguing its software improves efficiency or helps landlords make better decisions?

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Under the per se rule established in United States v. Socony-Vacuum Oil (1940), price-fixing is automatically illegal—no business justifications matter. The Supreme Court ruled: "Price-fixing combinations are illegal per se; they aren't saved by showings of reasonableness." RealPage can't defend by arguing the software improves efficiency, helps small landlords compete, or makes pricing more accurate. DOJ doesn't need to prove harm to renters or reduced competition—the coordination itself violates Section 1. This differs from "rule of reason" cases where defendants can argue procompetitive benefits outweigh anticompetitive harms. Per se illegal conduct (price-fixing, market allocation, bid-rigging) gets no efficiency defense.

DOJ's complaint alleges RealPage violated Section 1 of the Sherman Act. Can RealPage defend itself by arguing its software improves efficiency or helps landlords make better decisions?

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