Erring on the Side of Antitrust Enforcement When in Doubt in Data-Driven Mergers
Douglas H. Ginsburg, An Antitrust Professor on the Bench - Liber Amicorum - Vol. I, pp.497-530, Institute of Competition Law, (N. Charbit et al., eds., 2018) ISBN: 978-1-939007-62-9
60 Pages Posted: 29 Mar 2018 Last revised: 19 Jun 2018
Date Written: September 6, 2017
This essay was written as part of a tribute honoring Judge Douglas H. Ginsburg, U.S. Court of Appeals, DC Circuit.
This essay makes a case for tilting in favor of antitrust enforcement when in doubt in cases involving "big data"-driven mergers, but continuing to adopt a cautious approach toward claims of unlawful exclusions against dominant digital platforms that are seemingly based on their collection (and use) of large amounts of user data through organic growth.
Keywords: antitrust, Judge Douglas Ginsburg, digital platforms, big data
JEL Classification: K21
Suggested Citation: Suggested Citation