Antitrust Analysis of Big Data

By Joshua D. Wright (George Mason University) &  Elyse Dorsey (Wilson Sonsini Goodrich & Rosati)

The term big data evokes a variety of contexts, encompassing many of the most frequently encountered in the modern economy. With its unrelentingly expansive scope, it seems perhaps inevitable that big data would enter as an important component in antitrust discussions. While big data can certainly present interesting antitrust issues, these issues are by no means unique. Indeed, as developed in this paper, the existing antitrust framework is well equipped with sophisticated tools and methods for analyzing just the kinds of issues big data presents. To accurately frame the inquiry, Part 2 provides background as to the characteristics defining big data. Part 3 then analyzes the proper role for antitrust in the big data revolution, focusing upon three popularly targeted areas of change: (3.1) market definition, (3.2) merger analysis, and (3.3) exclusionary conduct. Part 4 concludes.

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