Balancing Privacy Protections With Antitrust Compliance Efforts: Key Issues and Potential Solutions

This article examines the underappreciated tension between legislatures’ efforts to strengthen privacy protections for personal information and antitrust enforcers’ increasingly favorable attitude towards corporate self-policing. Privacy and antitrust have the potential to be strong legal complements, promoting free and fair markets for all market participants. In the United States, the reasonable expectations test historically has enabled a balancing of employer and employee interests relat