Privacy Protections Through Antitrust Enforcement

Daniel A. Hanley & Karina Montoya comment on how antitrust enforcement can operate as a vital supplement providing consumers with robust privacy protections, despite the lack of a comprehensive federal law. The authors argue that antitrust enforcement can be used to provide consumers baseline privacy protections by (1) creating a market for privacy protections, (2) targeting specific conduct such as mergers, monopolization, and deception, and (3) courts imposing broad structural remedies inh