A PYMNTS Company

Erring on the Side of Antitrust Enforcement When in Doubt in Data-Driven Mergers

By  |  April 2, 2018
Posted by Social Science Research Network

Erring on the Side of Antitrust Enforcement When in Doubt in Data-Driven Mergers

By Marina Lao (Seton Hall University)

This essay was written as part of a tribute honoring Judge Douglas H. Ginsburg, US Court of Appeals, DC Circuit.

This essay makes a case for tilting in favor of antitrust enforcement when in doubt in cases involving “big data”-driven mergers, but continuing to adopt a cautious approach toward claims of unlawful exclusions against dominant digital platforms that are seemingly based on their collection (and use) of large amounts of user data through organic growth.

Continue Reading…