Authors

Maurice Stucke

Document Type

Article

Publication Title

Notre Dame Law Review

Abstract

This Essay recaps the policymakers’, enforcers’, and scholars’ thinking on the relationship between antitrust and privacy. Currently, the thinking is that improving privacy protection is a necessary, but not sufficient, step to address some of the risks posed by these data-opolies and deter data hoarding, a key source of their power.

The policies proposed in Europe, Asia, Australia, and North America as of early 2022 all assume that with more competition, privacy and well-being will be restored. In looking at the reforms proposed to date, policymakers and scholars have not fully addressed several fundamental issues.

One issue is whether more competition will necessarily promote our privacy and well-being.

Another issue is the policy implications if personal data is nonrivalrous.

This Essay summarizes a few key themes on the looming conflict between privacy and competition law, and why the traditional policy responses—define ownership interests, lower transaction costs, and rely on competition—will not necessarily work.

First Page

1

Last Page

17

Publication Date

3-5-2022

Included in

Law Commons

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