FTC Hearings on Competition & Consumer Protection in the 21st Century, FTC Docket No. FTC-2018-0100, Comments of the International Center for Law & Economics, Topic 5: Are There Policy Recommendations That Would Facilitate Competition in Markets Involving Data or Personal or Commercial Information That the FTC Should Consider?

44 Pages Posted: 3 Feb 2020

See all articles by Geoffrey A. Manne

Geoffrey A. Manne

International Center for Law & Economics (ICLE)

Julian Morris

International Center for Law and Economics; Reason Foundation; IEA, Institute of Economic Affairs, U.K.

Kristian Stout

International Center for Law & Economics (ICLE)

Dirk Auer

International Center for Law & Economics (ICLE)

Date Written: January 7, 2019

Abstract

In this comment, we primarily address the fifth topic raised by the Commission (“Are there policy recommendations that would facilitate competition in markets involving data or personal or commercial information that the FTC should consider?”).

In short, we argue that the advent of data-enabled markets does not support the calls for a significant expansion of antitrust tools and antitrust enforcement being made in its name. Contrary to what has sometimes been claimed, data does not present unique (and uniquely large) anticompetitive risks. Data is not irrelevant, of course, but it is just one amongst a plethora of factors that enforcement authorities and courts should consider when they analyze firms’ behavior.

Keywords: Antitrust, Consumer Protection, data barrier to entry, FTC, FTC Reform

Suggested Citation

Manne, Geoffrey and Morris, Julian and Stout, Kristian and Auer, Dirk, FTC Hearings on Competition & Consumer Protection in the 21st Century, FTC Docket No. FTC-2018-0100, Comments of the International Center for Law & Economics, Topic 5: Are There Policy Recommendations That Would Facilitate Competition in Markets Involving Data or Personal or Commercial Information That the FTC Should Consider? (January 7, 2019). Available at SSRN: https://ssrn.com/abstract=3384359 or http://dx.doi.org/10.2139/ssrn.3384359

Geoffrey Manne (Contact Author)

International Center for Law & Economics (ICLE) ( email )

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503-770-0076 (Phone)

HOME PAGE: http://www.laweconcenter.org

Julian Morris

International Center for Law and Economics ( email )

2117 NE Oregon St. Ste 501
Portland, OR 97232
United States

HOME PAGE: http://https://laweconcenter.org/author/julianmorriss/

Reason Foundation ( email )

United States

HOME PAGE: http://www.reason.org

IEA, Institute of Economic Affairs, U.K.

2 Lord North Street
London SW1P 3LB
United Kingdom

Kristian Stout

International Center for Law & Economics (ICLE) ( email )

2117 NE Oregon St.
Ste 501
Portland, OR Oregon 97232
United States
5037700076 (Phone)
5037700076 (Fax)

HOME PAGE: http://www.laweconcenter.org

Dirk Auer

International Center for Law & Economics (ICLE) ( email )

5005 SW Meadows Rd.
Suite 300
Lake Oswego, OR 97035
United States

HOME PAGE: http://https://laweconcenter.org/author/dirkauer/

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