The digital economy challenges many of the basic assumptions of competition law. With the rise of big data and big data analytics, one question has become particularly pressing: to what extent should privacy considerations and data protection laws filter into competition law assessments? The...

Increasingly, people use the internet to connect with one another, access information, and purchase products and services. Along with the growth in the online marketplace have come concerns, as well, particularly regarding both the privacy of personal information as well as competition issues...

Digital platforms, empowered by artificial intelligence algorithms, facilitate efficient interactions between consumers and merchants that allow the collection of profiling information which drives innovation and welfare. Private incentives, however, lead to information asymmetries resulting in...

Since 2010, Google, Apple, Facebook, Amazon, and Microsoft (GAFAM) have acquired more than 400 companies. Competition authorities did not scrutinize most of these transactions and blocked none. This raised concerns that GAFAM acquisitions target potential competitors yet fly under the radar of...

Google's new “Interest Based Advertising” (IBA) program represents the company's first foray into what is generally called “Online Behavioral Advertising”: In order to deliver more relevant advertising, Google will begin tailoring ads delivered through AdSense on the Google Content...

As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

Amid growing concern about the use and abuse of personal data over the last decade, there is an emerging suggestion that regulators may need to turn their attention towards the concentrations of power deriving from large-scale data accumulation. No longer the preserve of data protection or...

Everyone is talking about the relationship between data protection, “data power” and competition law. The increasing importance of data and the presumed concentration of data in the hands of certain companies have stoked fears, leading to calls for political regulation and increased...

Considerable debate exists as to the interaction of antitrust and privacy law. This nuanced debate encompasses many difficult questions: when is there a strong consumer preference for privacy, and when is there not? Under what circumstances do consumers happily trade data for service access?...

Netflix, Amazon, YouTube, and Apple have been joined by Disney+, Twitch, Facebook, and others to supplant the broadcast industry. As the FCC, FTC, and other regulators struggle, a new digital divide has emerged. The current regulatory regime for television is built upon the government’s right...