As far as I know, what you mention is their new expiring domains auctions.
Their policy for private auctions hasn't changed.
In case there is more than one backorder for pending delete domain, there will be a private auction.
Quote from their ToS:
"In the event that we obtain registration rights for a requested domain name, and there is more than one backorder request by multiple parties for the same domain name, you understand and agree that an auction will commence immediately after we have obtained the registration rights for the domain name. You understand and agree that the auction will be Private ("Private Auction")You also understand and agree that participation for these Private Auctions is limited to those parties who have submitted backorder requests for the selected domain name ahead of time"