DOJ Defends Willow Bridge Rent-Pricing Settlement, Moves Toward Court Approval

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The Justice Department has rejected requests to broaden a proposed antitrust settlement with apartment manager Willow Bridge Property Company, saying the agreement already addresses the alleged exchange of confidential rental-pricing information among competing landlords.

In a response published in the Federal Register on November 9, federal lawyers said they had reviewed two public comments on the proposed consent judgment and would ask the U.S. District Court for the Middle District of North Carolina to enter it. The court must still decide whether the settlement serves the public interest. Publication of the government’s response is not itself final court approval.

Willow Bridge was added to the federal case against rent-setting software provider RealPage and several property owners in January 2025. The government’s complaint alleges that competing landlords shared nonpublic lease information through RealPage systems and aligned rental pricing. Those allegations are not judicial findings of liability. Willow Bridge consented in July to a proposed judgment that would resolve the federal claims against it, subject to the statutory review process.

What the proposed settlement restricts

Under the proposed judgment, Willow Bridge would be prohibited from using revenue-management products that rely on competitors’ nonpublic data to recommend or establish rents. It also could not pool information across properties with different owners to generate pricing recommendations or solicit sensitive information from competitors. The agreement requires an antitrust compliance policy, a designated compliance officer, employee training and cooperation with the continuing federal litigation.

Government investigators would be permitted to inspect documents and interview employees. Certain uses of revenue-management software would trigger monitoring requirements unless specified certifications were obtained. The filing also says Willow Bridge is already bound by the stipulation’s interim compliance requirements while the court considers the judgment.

These terms matter to multifamily operators because they focus on the data feeding rent-setting systems, rather than banning every automated pricing tool. The Justice Department maintains that software can be used for legitimate revenue management without combining competitors’ confidential transaction information.

Renters asked for broader protections

One commenter urged the government to examine differences between renewal rents and prices offered to new tenants, require disclosure of automated pricing systems and mandate meaningful human review. The Justice Department answered that the proposed restrictions apply to both renewal and new-lease recommendations when competitors’ nonpublic data are involved. It said differences in those prices, by themselves, were not the antitrust conduct alleged in the complaint.

A second commenter sought independent technical testing, more detailed public compliance reports and a process for renters to learn whether their own properties had been involved. Federal lawyers declined those requests, citing existing audit and inspection rights, the limited scope of the case and confidentiality concerns. The government said the proposed judgment’s safeguards were adequate to address its allegations.

The response also explains that the agreement covers conventional multifamily rental properties serviced by Willow Bridge. Student, affordable, age-restricted and military housing are outside the defined property category. The Justice Department said the underlying complaint concerns conventional multifamily housing and that the court’s settlement review should be tied to the case actually brought.

Judicial approval remains outstanding

The response marks another procedural step in a litigation campaign that has drawn scrutiny to algorithmic rent recommendations and information sharing across the apartment industry. It should not be confused with the separate private rent-pricing lawsuits or other settlements involving different defendants.

The next substantive step is the government’s motion asking the district court to enter the proposed final judgment. The court will review the remedy under the Antitrust Procedures and Penalties Act, commonly called the Tunney Act. If entered, the judgment would resolve the United States’ claims against Willow Bridge while leaving the court with enforcement jurisdiction. The broader RealPage litigation has its own procedural posture and is not disposed of by this notice.