Notre Dame Law Review
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.
Stucke, Maurice E., The Relationship Between Privacy and Antitrust (February 23, 2022). Notre Dame Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4042262 or http://dx.doi.org/10.2139/ssrn.4042262