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Robert Mahnke, May 29, 2015
So-called “big data” has been a technological development for some time, and lately it has matured into a phenomenon that competition lawyers have noticed. Mindful of the vast quantities of data that some companies are amassing, some argue that access to data can be a barrier to entry in online markets, protecting incumbents from competition. However, Geoffrey Manne & Ben Sperry recently argued “the notion of data as an antitrust-relevant barrier to entry is simply a myth.” Manne & Sperry have it wrong: The fact that “big data” can be an antitrust-relevant barrier to entry has been well established.