The Federal Trade Commission Hearings on Competition and Consumer Protection in the 21st Century, Privacy, Big Data, and Competition, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University

12 Pages Posted: 7 Nov 2018

See all articles by Tad Lipsky

Tad Lipsky

George Mason University - Antonin Scalia Law School

Joshua D. Wright

George Mason University - Antonin Scalia Law School, Faculty

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit; George Mason University - Antonin Scalia Law School, Faculty

John M. Yun

George Mason University - Antonin Scalia Law School, Faculty

Date Written: November 5, 2018

Abstract

This comment is submitted in response to the United States Federal Trade Commission (“FTC”) hearing on Concentration and Competitiveness in the U.S. Economy as part of the Hearings on Competition and Consumer Protection in the 21st Century. We submit this comment based upon our extensive experience and expertise in antitrust law and economics. As an organization committed to promoting sound economic analysis as the foundation of antitrust enforcement and competition policy, the Global Antitrust Institute commends the FTC for holding these hearings and for inviting discussion concerning a range of important topics. Businesses today have greater access to data than ever before. Firms now have access to data at high volume, high velocity, and high variety—a phenomenon known as “big data.” The increasing prevalence of big data creates new questions for antitrust enforcers. This comment will discuss how big data should be considered in the context of antitrust analyses.

Keywords: antitrust, Federal Trade Commission, hearings, competition, consumer protection, data science, advertising, brick-and-mortar, barriers to entry

JEL Classification: K2, K21, L4, L40

Suggested Citation

Lipsky, Tad and Wright, Joshua D. and Ginsburg, Douglas H. and Yun, John M., The Federal Trade Commission Hearings on Competition and Consumer Protection in the 21st Century, Privacy, Big Data, and Competition, Comment of the Global Antitrust Institute, Antonin Scalia Law School, George Mason University (November 5, 2018). George Mason Law & Economics Research Paper No. 18-43. Available at SSRN: https://ssrn.com/abstract=3279818 or http://dx.doi.org/10.2139/ssrn.3279818

Tad Lipsky (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

Joshua D. Wright

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

3301 Fairfax Drive
Arlington, VA 22201
United States

Douglas H. Ginsburg

U.S. Court of Appeals for the District of Columbia Circuit ( email )

333 Constitution Ave NW
Room 5523
Washington, DC 20001
United States

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

3301 Fairfax Drive
Arlington, VA 22201
United States

John M. Yun

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

3301 Fairfax Drive
Arlington, VA 22201
United States

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