Privacy Fixing And Predatory Privacy: The Intersection Of Big Data, Privacy Policies And Antitrust

By Benjamin R. Dryden & Shankar (Sean) Iyer – 

Under the right conditions, business practices that are good for consumer privacy can come at a cost to competition. This article considers the scenarios where privacy interests and competition might conflict. Specifically, the authors consider the potential economic and legal implications of “privacy fixing” – two competitors agreeing to a common set of privacy practices – as well as “predatory privacy” – a powerful firm’s use of privacy practices to disadvantage rivals. The authors explore how an antitrust case might proc…

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