Honestly, I think it does still matter. The basis for the RealPage lawsuit seems to be that people inside and outside the company glibly considered it price-fixing, and said it out loud to each other. The didn't really seem to make the case that it was "algorithmic price-fixing" (Disclaimer: not a lawyer). You can only argue in court about existing laws, so until algorithmic price-fixing is written in the law books (or settled case law) you're gonna have a tough time bringing that up to a judge.
It seems you don't understand the lawsuit. Most of the claims are based on the actual mechanics of how algorithmic price fixing does violate existing laws.
