Antitrust Analysis of Big Data

4(2) Competition Law & Policy Debate 35 (December 2016)

7 Pages Posted: 16 May 2018

See all articles by Joshua D. Wright

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty

Elyse Dorsey

Government of the United States of America - Federal Trade Commission

Date Written: December 31, 2016

Abstract

The term big data evokes a variety of contexts, encompassing many of the most frequently encountered in the modern economy. With its unrelentingly expansive scope, it seems perhaps inevitable that big data would enter as an important component in antitrust discussions. While big data can certainly present interesting antitrust issues, these issues are by no means unique. Indeed, as developed in this paper, the existing antitrust framework is well equipped with sophisticated tools and methods for analyzing just the kinds of issues big data presents. To accurately frame the inquiry, Part 2 provides background as to the characteristics defining big data. Part 3 then analyzes the proper role for antitrust in the big data revolution, focusing upon three popularly targeted areas of change: (3.1) market definition, (3.2) merger analysis, and (3.3) exclusionary conduct. Part 4 concludes.

Keywords: antitrust, big data, merger, market definition, exclusionary conduct

Suggested Citation

Wright, Joshua D. and Dorsey, Elyse, Antitrust Analysis of Big Data (December 31, 2016). 4(2) Competition Law & Policy Debate 35 (December 2016). Available at SSRN: https://ssrn.com/abstract=3165278 or http://dx.doi.org/10.2139/ssrn.3165278

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Elyse Dorsey (Contact Author)

Government of the United States of America - Federal Trade Commission ( email )

600 Pennsylvania Ave., NW
Washington, DC 20580
United States

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