No Mistake About It: The Important Role of Antitrust in the Era of Big Data

15 Pages Posted: 30 Apr 2015 Last revised: 23 Oct 2015

See all articles by Allen P. Grunes

Allen P. Grunes

Brownstein Hyatt Farber Schreck, LLP

Maurice E. Stucke

University of Tennessee College of Law

Date Written: April 28, 2015

Abstract

Competition authorities in Europe (and to a lesser extent in other jurisdictions) are beginning to make data, its uses, and its implications for competition law, a key focus. Some, however, argue that competition law has a limited role to play in the era of big data. We respectfully disagree. Competition law will play an integral role to ensure that we capture the benefits of a data-driven economy while mitigating its associated risks.

After outlining several implications of big data on competition policy, we address some of the myths about big data and competition law. These myths paint with a broad brush and tend to obscure the legitimate challenges big data presents to competition officials.

Our article discusses why big data is not a passing antitrust fad and recommends some next steps for the competition agencies. First and foremost, it is necessary for the agencies to understand the tradeoffs in the big data era, and to ask the right questions and use the right tools.

Keywords: Big data, competition, antitrust, privacy

JEL Classification: K21, L40, L41

Suggested Citation

Grunes, Allen P. and Stucke, Maurice E., No Mistake About It: The Important Role of Antitrust in the Era of Big Data (April 28, 2015). Antitrust Source (Apr. 2015), Online, University of Tennessee Legal Studies Research Paper No. 269, Available at SSRN: https://ssrn.com/abstract=2600051

Allen P. Grunes

Brownstein Hyatt Farber Schreck, LLP ( email )

1155 F Street, NW
Suite 1200
Washington, DC 20004
United States

Maurice E. Stucke (Contact Author)

University of Tennessee College of Law ( email )

1505 W. Cumberland Ave.
Knoxville, TN 37996
United States
865-974-9816 (Phone)

HOME PAGE: http://www.mauricestucke.com

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