Big Data, Little Chance of Success: Why Precedent Does not Support Anti-Data Theories of Harm

11 Pages Posted: 26 Jul 2022 Last revised: 28 Oct 2022

See all articles by Kristen O'Shaughnessy

Kristen O'Shaughnessy

Independent

D. Daniel Sokol

USC Gould School of Law; USC Marshall School of Business

Jaclyn Phillips

Independent

Nathan Swire

affiliation not provided to SSRN

Date Written: October 28, 2022

Abstract

As the digital economy has matured, “Big Data”— extremely large datasets that require sophisticated tools to analyze — has enabled extraordinary innovation, creating a number of benefits, including free products and greater efficiencies. Precisely because Big Data is such a powerful tool, though, scholars, governments, and litigants have called attention to what they view as its potential to harm both competition and consumers. In this article, we explore the advances enabled by Big Data, its competitive implications, and why applying an expansive interpretation of the antitrust laws regarding single firm conduct to Big Data would be out of step with legal precedent and sound economics.

Keywords: antitrust, big data, essential facilities, digital platform

JEL Classification: k21, l41

Suggested Citation

O'Shaughnessy, Kristen and Sokol, D. Daniel and Phillips, Jaclyn and Swire, Nathan, Big Data, Little Chance of Success: Why Precedent Does not Support Anti-Data Theories of Harm (October 28, 2022). Competition Policy International, July 2022-1, USC CLASS Research Paper No. CLASS22-30, USC Law Legal Studies Paper No. 22-30, Available at SSRN: https://ssrn.com/abstract=4166078

Kristen O'Shaughnessy

Independent ( email )

D. Daniel Sokol (Contact Author)

USC Gould School of Law ( email )

699 Exposition Boulevard
Los Angeles, CA 90089
United States

USC Marshall School of Business ( email )

701 Exposition Blvd
Los Angeles, CA California 90089
United States

Jaclyn Phillips

Independent ( email )

Nathan Swire

affiliation not provided to SSRN

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